Study On Legislative Protection Of The Traditional Martial Arts Under The Perspective Of Intangible Cultural Heritage

Chinese Martial Arts is world-famous, but the traditional Martial Arts has difficulty in taking a step forwards. The seemingly prosperity of Martial arts belongs not to the real one, i.e. traditional Martial Arts, which is fading away in people's vision in such a modernizing society. Being a collective thoughts, wisdom and practices of Chinese people for thousands of years, Traditional Martial Arts is not only a traditional athletics rich in content, but also a cultural phenomenon of various elements, and it contains the ancient history of culture and displays the unique thought and spirit of Chinese nation. Nowadays, there are many theoretical achievements of protecting intangible cultural heritage, including the Protection Law of Intangible Cultural Heritage (Draft), which is being censored and will be passed soon in China. The protection of intangible cultural heritage attracts more and more attention, however, traditional Martial Arts, which is one of the most influential, valuable and greatest intangible cultural heritage of our country, is not protected by an explicit and specific law. As an extensive and profound traditional athletics and culture, traditional Martial Arts has unique and rich contents and styles, and should be effectively protected by a specifically adjusted law rather than a single unified one. Considering the urgent need and lack of legal research and the purpose of keeping the cultural diversity and sustainable development of human beings, the promotion of the protection of traditional Martial Arts within a legal system can be positive for the inheriting of national culture. This thesis is going to discuss the subject, object and content of rights of traditional Martial Arts, under the perspective of intangible cultural heritage, by using methods of semantic analysis, value analysis, comparative study, empirical analysis, literature analysis, logical analysis and the like. And the thesis will try to construct a legal system that can help the healthy development of traditional Martial Arts based on the legal practice of our country, and put forward some fresh perspectives of concepts such as inheritance of people and the rights of people, not public information and non-public information, subject recognition confirmed and object recognition confirmed, by way of referring to advanced researches of other countries, considering the current economic situation and analyzing the current model of legal protection of intangible cultural heritage, so as to enrich the theory of and improve the legal system of protection of intangible cultural heritage of China, and promote the prosperity of the heritage and spread of Chinese Martial Arts and traditional culture.