Protection Of Rights And Interests Of Representative Predecessors In Intangible Cultural Heritage

With the promulgation and implementation of “Law of the People’s Republic ofChina on Intangible Cultural Heritage”, protection of the intangible cultural heritageenters the legal times. Intangible cultural heritage has activity state. Human is the carrierof intangible cultural heritage, which is the best reflect of activity state and themost important factor of intangible cultural heritage.But with the commercial exploitation, representative predecessors face the urgentissues such as isolated, alienated and nominal. So the key of the protection of theintangible cultural heritage is to settle rights and obligations of related subjects, further isthe protection of representative predecessors.The paper analysis rights and obligations of representative predecessors, whichstarting from the concept, and on the basis of clarification of its basic meanings. Thenanalyze the details of rights from spirit rights and property rights, furthermore, combinedwith comparison research of foreign related legislation, in order to explore the ways whichadapt to our country.Above all, the paper tries to put forward consummate suggestions about theprotection of representative predecessors, there are three aspects:(1)representativepredecessor’s rights, obligations, responsibilities in constitution, civil law andadministrative law;(2) consummate the systems about representative predecessors in “Lawof the People’s Republic of China on Intangible Cultural Heritage”;(3) excavate theguidance function to matched rules and local legislation.