Criminal Protection Of The Intangible Cultural Heritage In China

It is the unique intangible cultural heritage of different peoples, differentcommunities, and different countries which constitutes the rich and colorful culturalenvironment and contains a rich ecological environment rights. With the arrival anddevelopment of the era of modern industrial civilization, the survival anddevelopment of the intangible cultural heritage is confronted with tremendousdifficulties. As a matter of fact, the serious imbalance of culture of natural ecology hasseverely restricted the development of economy, society, ecology of human society.Because of the precious value of the intangible cultural heritage and the presenceof a large number of serious violations of the status of non-material cultural heritage,further research of the legal protection of intangible cultural heritage-especially of thecriminal law protection–is very necessary. The paper mainly put emphasis on theresearch of criminal law protection of intangible cultural heritage. On the basis ofanalysis the concept and features of the intangible cultural heritage, it firstly indicatesthe existence of violations of non-material cultural heritage. And then it analyzes thejustification and limitation of the criminal protection for the intangible culturalheritage which based on the research of the legal protection mode of intangiblecultural heritage.Secondly, the paper spreads the topic around on the basic theory of criminal protection for the intangible cultural heritage. It contains three parts: to begin with, itstudies the relationship between the theory of risk society, including the theory ofsafety society in criminal protection mechanism of the intangible cultural heritage andthe value selection principle of criminal protection mechanism for the intangiblecultural heritage. The second part analyzes the legal interest of criminal protection forthe intangible cultural heritage and the feature of the legal interest. It contains thedevelopment of the theory of the legal interest and the functions of criminal protectionfor the intangible cultural heritage which contains the functions in the field of theguidance to criminal legislation, theory classification and judicial interpretation. Thethird part studies the structural diversity and connotation of the legal interest ofcriminal protection for the intangible cultural heritage in detail.Finally, the paper focuses on the problems existing in current criminal law aboutthe intangible cultural heritage and gives some suggestions in the field of the legalinterest of criminal protection for the intangible cultural heritage, the criminalprotection of the folk culture，carriers of the intangible cultural heritage and theintangible cultural heritage protection of intellectual property rights.