On The Legal Protection Of Folklore

With the further developing of globalization, foreigners utilize works of folk literature and art of our country free frequently, even distort and abuse them. Besides, because our country opening to the outside world swift and violent development and people being too much concerns of fashion and modern, who no time take to traditional thing into account, cause our country have some works of folk literature and art face danger of disappearing. For make works of folk literature and art, the whole of traditional culture of Chinese nation keep, travel and develop in a healthy way, this thesis maintains that our country should legally set up the perfect protection system of works of folk literature and art as soon as possible. The thesis has used the methods, such as historical analysis, comparative analysis, combination of theory and practice, etc., try hard at multi-level, multi-angle to expound necessity, feasibility that our country establishes system of legal protection of the works of folk literature and art, try hard to give one intact, systematic legislation proposal, all these make this thesis have stronger reality and pertinence.This thesis consists of about 50,000 words. Except the introduction and conclusion, the dissertation is divided into three parts.In the introduction, the author considers that it is very important for our country to protect works of folk literature and art. Firstly, it can make the works of folk literature and art free of becoming extinct. Secondly, it can make subject of right, source colony and pass-on person of works of folk literature and art receive economy compensation, which can increase their enthusiasm of protecting and developing the works of folk literature and art. Thirdly, it can make the works of folk literature and art not distorted and abused, make its source colony and pass-on person spirit no longer injured.The first part is about the concept of the works of folk literature and art. In this part the English statement "folklore" of the works of folk literature and art is defined, the concept of the works of folk literature and art is defined, the characteristics the same as general works of literature and art and the legal characteristics out of the common are summarized.The second part contrasts and analyzes Legal protection system to the works of folk literature and art of the world. This part recommends and analyses the criteria of representative domestic law of the five continents in the world and the regulations about the international convention. These criteria and regulations will offer certain reference and reference to legislation of protecting the works of folk literature and art of our country.This part discusses some international organization's efforts and achievement made in protecting the works of folk literature and art, and draws the outline of the legal protection system's historical worldwide evolution and developing trend of the works of folk literature and art.The third part is about building a legal system of protecting the works of folk literature and art. In this part ,history of protecting of the works of folk literature and art of our country being reviewed at first, the penman points out that the people of all nationalities of our country have created the magnificent works of folk literature and art, protectd them, made them spread and develop till now.Then the situation of protecting to the works of folk literature and art at present in our country is introduced. Besides salving the works of folk literature and art of facing lost danger, some places have already legislated to protect them. In addition, although lacking the concrete law to support the judicial begins to protect not only arranger of works of folk literature and art but also creators themselves of them.Then, the thesis discusses the draft about the works of folk literature and art of "intellectual property right page" originally. And pointing out it is too betimes and too simple because of it compromising the time which exists.