Construction Of The Public Interest Litigation System For Intangible Cultural Heritage

After the publication of “Law of the People’s Republic of China on IntangibleCultural Heritage”, one crux of Intangible Cultural Heritage dispute is the conflictbetween personal interests and public interests still exist. The draft of “Civil procedure lawof the people’s republic of china” for the first time to give social groups the qualificationin public interest litigation, and when traditional dispute resolution mechanism is out oforder, how introduce public interest litigation into the intangible cultural heritage’s disputeresolution mechanism, is the begin of this paper.When protected model of intangible cultural heritage change to legal model, it mainlyembodied in two models, one is public rights protection centre on administrative power,the other is private rights protection center on intellectual property rights. Only emphasizeintellectual property rights one-sided and focus the private rights of property, which leadto the overlook about public interest. From the view of legislative purpose, traditionallitigation and alternative litigation couldn’t resolve disputes completely. So this paperintroduce public interest litigation into the intangible cultural heritage’s dispute resolutionmechanism when system failure.Public interest litigation system as a new type of lawsuit type, used in the field ofenvironment, technology and administration. On account of the similar attributes at humanrights and public welfare, the intangible cultural heritage could reference public interestlitigation in the field of environmental protection, then build the model of protection ofpublic interest in the field of intangible cultural heritage. At the same time, it’s necessaryin theory and practice.At last, this paper introduce public interest litigation into the intangible culturalheritage’s dispute resolution mechanism, furthermore, discuss the subject qualification andsystem features, in order to find the solutions and build intangible cultural heritage’sdispute resolution mechanism, and above all, this paper discuss the right of intangiblecultural heritage.