China Folklore Legal Protection

The preface and the body are included in this paper. The theoretical and realistic values of the research on the protection in the Chinese folklore as well as the associated research in this field are described in the preface. The body contains four chapters, there are: 1 Analysis on the definitions and characteristics 2 the mode of protection 3 the right system of folklore . The conception of folklore is defined in chapter one and the characters of the collective, longevity, inheritance, region, variation, art are also analyzed here. Based on this, the conclusion is drew that, the scope of the law should protect includes the form of literature expression, music expression, activity expression and arts expression. In chapter two, through the comparison and the survey to the other countries' legislation, related legislation of international organization, international treaty and combined with fundamental theory, and analysis is made that the literary protection mode is irrational. I provide a synthetic protection mode that the core is folklore protection law. In chapter three, based on the law that mentioned above, I bring up a new opinion that regards the folklore as a new protection object, and establish a new right –folklore right. Meanwhile, I draw on the experience of the copyright law whose protected objects are close to the folklore, establish an right systems that include folklore right, inheritor right and neighboring right, and make a description to the details of the rights.