Protection And Improvement Of The Intangible Cultural Heritage In Administrative Law

In recent years, because of the need for the protection of national cultural, it launched a campaign to protect intangible cultural heritage around the word,and protecting intangible Cultural Heritage through making laws has become a consensus among all the countries. As a big country with rich history and culture, China is no exception. Although there are many discussions about the legal protection of intangible cultural heritage in domestic, few are discussed from this perspective that notices the distinction between public and private law protection of intangible cultural heritage. Therefore, this article will focus on the public law perspective especially on administrative law to discuss the protection of intangible cultural heritage, in order to make administrative law to play a better role in the protection of intangible cultural heritage.In this paper, first, the author describes the concept and classification of the intangible Cultural Heritage; then, the author introduces the legislation about the protection of the intangible Cultural Heritage in particular the administrative protection. On this basis, the paper sums up some problems about protecting intangible Cultural Heritage of China's administrative Laws, and analyzes the advantages and disadvantages of "The People's Republic of China Intangible Cultural Heritage Protection Act" (draft) published by State Council recently. The author's intention is to play an active role for the upcoming law---- "The People's Republic of China Intangible Cultural Heritage Protection Act" which is the first special law about the protection of Intangible Cultural Heritage.