Analysis Of The Rights Of Minorities Intangible Cultural Heritage Inheritors

After the Second World War, the world increasingly recognize the importance of the cultural heritage for mankind, a global wave are rise that all the country began to protect the of cultural heritage. Cultural Heritage is include two parts:tangible and intangible.The intangible cultural heritage is almost present in the traditional culture of ethnic minorities, such as oral literature, performing arts, manual arts, folk knowledge.The main way of their transmission is through people's mouth-phase award, from generation to generation.In this process, "pass-on people" has become a critical core element.Today, transmission of intangible cultural heritage of minorities have faced a lot of unprecedented problems and challenges.Social change the living conditions of ethnic minorities with earth-shaking changes, especially the background of intangible cultural heritage of ethnic minorities is gradual weakening and disappear. people's values and aesthetics have a great changes as well.The social environment in which many pass-on people of minority intangible cultural heritage make their living have undergone tremendous changes, in the scope of cultural transmission and reception has also been seriously affected. Pass-on people's living space have dramatically reduced, if they only relied on the art heritage to make living, life will be difficult.A lot of pass-on people were diverted to do something else, the original transmission art heritage just as an hobby only.some of the traditional culture of China's ethnic minority categories are gradually declined or even extinction with the Pass-on people's natural aging and death. All aspects of protection for the Pass-on people of intangible cultural heritage of ethnic minorities were urgently needed.However, due to the absence of modern legislation for the rights of pass-on people of intangible cultural heritage and the persons definition is still a blank.A lot of disputes were taken place in society about the rights of pass-on people, so eventually they reluctant to pass on the cultural.Therefore, the study the legal status and rights of the pass-on people of intangible cultural heritage of minorities are very useful for using the legal protection. There are very important to the transmission of traditional culture of minorities.In accordance with the present collected research material, researches in present are focused on the protection of intangible cultural heritage and traditional culture protection, the civil law and the the intellectual property systemmainly are the mainly way be used.On the question of the rights of pass-on people just only a small amount of research.This article is based on analysis of rights of pass-on people of intangible cultural heritage of minority,with the purpose of making somerecommends in the actual protection of the rights for pass-on people.Eventually achieve the goal of protection the intangible cultural heritage of Minorities, make it possible to better transmission and development.This paper's main research methods are:(1)literature research method: study on protection methods of traditional culture of ethnic minorities all the world to.Mainly including the relevant international conventions, foreign legislation, regionalthe laws and regulations of international organizations, NGO's recommendations, the domestic laws and regulations and so forth.(2)comparative analysis:the full use of the small aspects of horizontal comparison (domestic here, and He places the transmission of intangible cultural heritage of people of minority protection legislation in state) and large areas of horizontal comparison (in the international context of the national legislation of the characteristics andadvantages and disadvantages of comparison) the method of combining with a view to a comprehensive perspective from multiple angles transmission of intangible cultural heritage of people of minority protection.