| China’s rich intangible cultural heritage resources, these resources formed part ofChina’s splendid culture, but culture is included in the public domain feel free to usethe rights owners can not be defined. Inheritors or holder of the lack of developmentthinking, or other factors can not be obtained from these non-material culturalheritage related benefits, resulting in the imbalance between the interests of theIntangible Cultural Heritage Development. This imbalance between the interests ofthe fundamental reason is the lack of legal constraints. Therefore, the world of theIntangible Cultural Heritage Protection and Development of legislation, whileretaining national identity, to achieve a balance of interests.This article from the protection of the necessity of humanities and legal interpretation,refer to the States to protect and develop the legal, institutional construction,combined with China’s protection, the development of practical, imagine anon-material cultural heritage, cultural heritage and developmentpairs to maximizethe value of legal protection mode in order to better promote the rapid development ofChina’s cultural and economic. Envisaged in this legal system to fight both well toensure the inheritance and development of China’s intangible cultural heritage, toprotect the economic interests of the owner of the rights in the use of intangiblecultural heritage activities, in order to better promote their heritage and development.This article first intangible cultural heritage definition, scope, and similar conceptsthrough in-depth analysis of the Intangible Cultural Heritage, a range of sexualdefinition of intangible cultural heritage characteristics of France rational analysis onthis basis, the post-text non-the heritage value of discourse necessary to pave the way.Also discuss the need for legal protection of the Intangible Cultural Heritage todetermine the value of this article.Second, the article by the depth and thorough analysis on the construction of the moreprominent international organizations and other non-heritage protection law of thecountry, combined with our laws to protect the status quod, find the mode of legal protection can learn later in China’s non-heritage protected modeselect and build toprepare.Again, on the legal construction of China’s Intangible Cultural Heritage protectionfrom three levels of international, national, local analysis, and pointed out the existingproblems of China’s legal protection of non-genetic model selection and institutionalbuilding. The author believes that the problems of our existing laws of the IntangibleCultural Heritage Protection and Construction is mainly reflected in terms ofideological bias, a single mode and the conflict three of the existing system.Finally, based on the legal protection of Intangible Cultural Heritage in China and thepresence of the status quo, combined with international organizations and developedcountries in protected mode and the associated regime, by the depth and crackproblems, derived through the analysis of the two perspectives of public and privatelaw legal protection of China’s Intangible Cultural Heritagemode that should be taken,namely public-private combination of complementary legal protection mode. |