The Rational Use And Legal Regulation Of Intangible Cultural Heritage

Intangible cultural heritage is the cultural manifestation gradually developed in theprocess of human evolution with regional and national characteristics which is theintellectual achievements of human civilization. Intangible cultural heritage carries thedevelopment process and the evolution thoughts of a nation. To research and protectintangible cultural heritage is an inevitable choice to maintain the excellent nationalculture, record the human history and promote the social development.Since the beginning of the industrial revolution, the rapid development of theworld economy and productivity give a very good protection of social production andconsumption. The standard of material living has been greatly improved, and the sametime, the needs of culture is growing. Where there is demand, where there is production,the economy drives the development of cultural industry and in the cultural industrychain, the majority cultural goods are derived from intangible cultural heritage. China isa multi-ethnic country with various kinds of intangible cultural heritage which brought anew direction to the reform China’s cultural industry. Intangible cultural heritage is notonly the witness of the civilization history but also the booster of the future."Protection" is and should always be the first and most important attitude we treatintangible cultural heritage. All research and use must be built on the basis of protection.Since the commercial value of the intangible cultural heritage is becoming more andmore important, commercialization and industrialization are the development modes ofintangible cultural heritage using at the present stage. But it is worth our attention,because of weak awareness of protection, many intangible cultural heritage have beendestroyed, distorted or even damaged. Weight declaration and exploitation but lightprotection and management are a common phenomenon. Some places makeoverload using and destructive development of the intangible cultural heritage. Andsome even created folk art which damaged the authenticity of the intangible culturalheritage. Using of the intangible cultural heritage has a bottom line which is we mustuse it under protection and rescue and should use a perfect legal system to protect thesurvival, inheritance and development of the intangible cultural heritage.Except "forward" and "Conclusion" the article has three parts with25,000words.The first part gives a brief introduction of the conception and rational using ofintangible cultural heritage and then detail elaborates the material, inheritance regional and living characteristics of intangible cultural heritage. And then detail elaborates therational use in the “Law of the People’s Republic of China on Intangible Culturalheritage” and describes the relationship between conservation and utilization ofintangible cultural heritage.The second part focuses on the using status and problems of the intangible culturalheritage. Introduced the using status at this stage of intangible cultural heritagecombined with local development practices, summed up the problems such as notrespect the form and content of the intangible cultural heritage and the indeterminacy ofusing mechanism caused the turmoil of the cultural market.The third part proposes the legal principles, the specific forms and the legalresponsibility of rational using intangible cultural heritage on the basis of introductionthe laws related intangible cultural heritage. Hoping that the article could arouse thesocial attention to the legal regulation rational use and then make China’s intangiblecultural heritage sustain and develop in a living and continuous way.