The Ethnic Minorities Intangible Cultural Heritage Protection Of The Legislative Research In Xinjiang

Xinjiang is located in the hinterland of the Eurasian continent, it is the connection place of the ancient Chinese civilization, the Indian civilization, the Persian civilization and the ancient Greek civilization because of its center functions of the Silk Road. History has left us the glorious and gorgeous cultural traditions and the large number of precious cultural heritage. The national minority cultural heritages mainly spread by non-material ways, compared with the material cultural heritages, the protection methods of them are very hard. The importance and urgency of the protection is increasingly prominent. Legislative protection is the fundamental guarantee of the non-material cultural heritage.This article analyses the important significances of the legislation protection on the non-material cultural heritage by five parts. First, it analyses the common theory of the non-material cultural heritage. Second, it analyses the basic theory of the legal protect of the Xinjiang national minority non-material cultural heritage. Third, it analyses the domestic and foreign legislation present situation of the non-material cultural heritage. Fourth, it analyses the forms and station of the legal protect of the Xinjiang national minority non-material cultural heritage. Finally, it analyses the content on how to properly formulate the Xinjiang national minority local laws of non-material cultural heritage. It can provide the legislative reference for the non-material cultural heritage protection of the autonomous region.The first part is the common theory of the non-material cultural heritage. It elaborates the non-material cultural heritage's definition and the content of United Nations Educational, Scientific and Cultural Organization in"Safeguarding of the Intangible Cultural Heritage Convention", promulgates the relations between the non-material cultural heritages and other human inheritance, summarize the five major characteristics of the non-material cultural heritage.The second part analyses the basic theory of the legal protect of the Xinjiang national minority non-material cultural heritage, it analyses the importance and urgency of the protect of the Xinjiang national minority non-material cultural heritage, The " Reported and Evaluation Tentative method of the Xinjiang Uygur Autonomous Region Non-Material Cultural heritage Representative works " establishments the content and the standard about the Xinjiang non-material cultural heritage's protection application.The third part analyses the domestic and foreign legislation present situation of the non-material cultural heritage, points out what we can use by introducing the countries of Japan, South Korea and France which are representative on non-material cultural heritage protection legislation.The fourth part analyses the forms and station of the legal protect of the Xinjiang national minority non-material cultural heritage. Point out that the Constitution, the Law on Regional National Autonomy, the laws and regulations about the national minority non-material cultural heritage protection, the department law about the national minority non-material cultural heritage protection, the international convention are the main legal origins of the national minority non-material cultural heritage protection legislation, simultaneously analyses the international conventions and the overseas legislation which are not the direct origins but are able to play profits to us, discuss the relationship about the development and the protection in the Xinjiang national minority non-material cultural heritage protection legislation, the non-material cultural heritage protection legislation and the Law on Regional National Autonomy and the intellectual property rights law, the public law and the civil law in the non-material cultural heritage protection legislation.Finally, it analyses the content on how to properly formulate the Xinjiang national minority local laws of non-material cultural heritage. Analyses the subject matters of Xinjiang national minority non-material cultural heritage legislation from the subject,the object and the content aspects. The legal subjects should be the non-material culture's inheritance subject and the protection subject, the object is the Xinjiang national minority's non-material cultural heritage, the contents is the subject's Right and duty about the recognized system, the inheritance system and the safeguards system.Protect the non-material cultural heritage which is precious, scarce historical, cultural and the scientific value is each citizen's responsibility. Formulates the important value of Xinjiang national minority non-material cultural heritage's protection local laws and regulations which are feasibility and high technical level are the contribution to the Xinjiang people, also the world people.