Reseach On Modle Of Legal Protection Of Thetraditional Martial Arts

There was a long history of5,000years in China and ceaseless self-improvement Chinese descendents who bred brilliant Chinese civilization. As a dazzling pearl in the Chinese civilization, traditional martial art is not only the important part of traditional culture, but an excellent intangible cultural heritage in China. However, with the collapse of the agricultural civilization, the lag of the propagation and the change of social environment, the survival and development of traditional WuShu is becoming more and more difficult, and the overall prospects are dull, so its protection measures are urgently required.To study the legal protection of traditional martial art is the starting point to explore the revitalization of the cultural heritage, meanwhile, the related research offers legal security for the revitalization of the traditional martial arts. At present, there are a lot of research results about the protection of intangible cultural heritage at home and abroad, but less about the traditional martial art protection. In view of the urgent needs of the legal protection of traditional martial art, the study explored the research methods such as critical review of literatures, interviews of related experts and logical deductions based on the existing legal system, the research data and academic achievements, thus it has an important theoretical significance as well as certain practical value. Firstly, by means of the analysis of some related concepts of traditional martial art, the paper clarified the connotation and extension pinpointed the cultural affiliation of traditional WuShu is "traditional culture" and "traditional knowledge" and found out the theoretical support of legal protection for the martial art. This paper drew a conclusion that the traditional martial art should be protected by the right of the intangible cultural heritage as a project of it and protected by intellectual property rights as a knowledge product.Secondly, the paper has found the legal protection of traditional martial arts by using the theory of "sovereignty" and "human rights ". The state sovereignty of a country is inviolable, so is the cultural sovereignty according to theory of national sovereignty. To uphold a country’s cultural sovereignty is to uphold the state sovereignty. In terms of the human rights theory, human rights include the inalienable rights of life, development and culture. To protect the human rights, we cannot ignore people’s cultural rights. Cultural rights include people’s demand for culture, heritage and the right to use. It is important for us to have a high "altitude" of defending sovereignty and human rights to protect the traditional culture, knowledge and the martial arts.Since the foundation of new China, the relevant departments has obtained certain achievements in digging, sorting, protecting and using the traditional WuShu, however, the protection work has not achieved what we expected: the safeguards are not ideal there were torts and infringement events happened occasionally. It is mainly because of the weakness of the legal consciousness, the drawbacks of the law system and the juvenility to academic study.Finally, the study analyzed the elements in traditional martial arts protection and made it clear that the subject is citizens, artificial persons and other organizations and countries the object is all objects to whom the subject’s rights and obligations pointed the content of the rights mainly has two aspects: personal rights and property rights.In conclusion, there are two protected modes for the traditional martial arts: one is the protection of intellectual property rights the other is the protection of intangible cultural heritage. The former belongs to private law, while the latter belongs to public law, the two modes are complementary to protect the traditional martial arts. This kind of legal system ensures both the holder’s private rights and the characteristics of public ownership and commonweal of intangible cultural heritage it will contribute to protecting the holder’s benefits from violating and the inheritance, transmission, innovation and utilization.