Research On The Legal Mechanism For The Protection Of The Subjects Of Intangible Cultural Heritage Of Ethnic Minorities ——Taking Hand-waving Dance Of Shemihu Village In Laifeng County As An Example

The intangible cultural heritage of ethnic minorities is an important part of Chinese culture,and protecting the intangible cultural heritage of ethnic minorities is a historical mission to guard the spiritual home of Chinese cultural diversity.We should not only promote the identity of the Chinese ethnic community,but also respect and tolerate the differences among ethnic groups in food and clothing,customs,culture and art,and architectural styles.The analysis and research on the subjects of minority intangible cultural heritage protection is the right thing to do for the protection of minority intangible cultural heritage,especially the construction of legal system for the subjects of protection is especially important.This paper focuses on the intangible cultural heritage of ethnic minorities,and takes the framework of"definition of the protection subjects-legal status and role of the protection subjects-legal relationship between the protection subjects" as the argument.The starting point of this paper is "the definition of the subject of protection,the legal status and role of the subject of protection,and the legal relationship between the subjects of protection.Firstly,the definition and characteristics of the intangible cultural heritage of ethnic minorities as objects are explained,and the problems of inappropriate government intervention,lack of inheritors and weakened social organizations in the current situation of the protection of intangible cultural heritage of ethnic minorities are analyzed.This paper defines the protection subjects of minority intangible cultural heritage as government,inheritors and social organizations,and takes the theory of cultural diversity,the theory of cultural human rights and the theory of cultural self-awareness as the legal basis to emphasize that among the protection subjects in the contingent state,the government is the leading force to provide macro guidance and actively exercise public power;inheritors,as the core of the transmission link,are the main force for cultural continuity and development;social organizations,represented by civil organizations,are the main force to communicate with government and social organizations.The government,as the core of the inheritance process,is the main force in the development of cultural continuity;the social organizations,represented by civil society organizations,are the bridge between the government and civil society,and actively play the role of assisting force.Then,taking the hand dance of Shemihu Village in Laifeng County as a typical case,we discuss the specific legal and practical problems of each protection subject,analyze the current situation of the legal protection of the hand dance,and find that there are three major problems: the government protection mechanism is not sound,the incentive mechanism for inheritors is not perfect,and the participation mechanism of social organizations is not smooth.Finally,suggestions are made to improve the legal protection mechanism of the intangible cultural heritage of ethnic minorities.First,the government should fully fulfill its leading obligations,draw reasonable boundaries and improve the protection mechanism of the government;second,improve the material and spiritual incentive mechanism for inheritors;third,improve the participation mechanism of social organizations,make the legal status of social organizations clearer,and improve the interaction between social organizations,the government and inheritors mechanism.