Legal Issues On Protective Development Of Intangible Cultural Heritage

Intangible cultural heritage refers to traditional cultural expressions of people of allnationalities from generation to generation, and traditional culture forms related withphysical objects and places. It is an important part of human culture, meanwhile theorganic composition of environmental resources of the human. While due to traditionalthinking on natural environment, we are in favor of non moving objects and places ofhumanistic environment resource heritage and habitually pay few attentions to theintangible cultural heritage and similar humanity and social environment, and naturallyhave less research on the above-mentioned issue. Meanwhile law issue of the intangiblecultural heritage is divided into a plurality of parts and few people have researched onthis issue systematically. Responding to this, I attempt to adopt comprehensively legaland sociological research methods to analyze the protective development of intangiblecultural heritage in order to reconsider the scope of the protection law system ofenvironment and resources and give rise to further attention of the academic study onlaw issue of the intangible cultural heritage. Since the new century, CPC CentralCommittee and all levels of governments have attached great importance to theprotection of the intangible cultural heritage. Through the efforts of several stages, theprotection of the intangible cultural heritage has made positive progresses and numbersof important intangible cultural heritages have been rescued and preserved. But overall,the protection work of intangible cultural heritage is still in its infancy and someimportant laws have not yet been constructed.Based on the analysis of the overall framework of the current situation ofintangible cultural heritage protection, compared to the advantages of other protectionmodes and the specific system construction, the study analyzes the historical position ofthe protective development of intangible cultural heritage, and then proposes the idea topromote the protective development law system of China’s intangible cultural heritage.The feature of this paper is to analyze the protective development of intangible culturalheritage from the level of the practical exploration and real case to the height ofstructure exploration and legal system design. The first chapter has a comprehensive introduction of background on protection of China’s intangible cultural heritage. In thefirst part, a longitudinal review is made to the intangible cultural heritage protectionmode of our country, and points out that the relevant system needs to be improved forits infancy. In the second part, the study analyzes the current challenge which culturalheritage protection of our country is facing, and claims that only the system ofprotective development must be introduced to deal with the problem that culturalecology of the intangible cultural heritage has changed. In the third part, the possibilityof the development of the intangible cultural heritage is discussed. The second chapteranalyzes the concept, connotation and the position of the protective development ofintangible cultural heritage, proposes that the reasonable design of ownership andrelated legal regulation on business development activities will be the solutions to thekey problems, and finally responds to the opposition. In the first part, the paper definesthe concept and content of the protective development of intangible cultural heritage,and proposes that the protective development is a necessary complement to existingprotection mode, an effectively response to the current challenge and an organiccombination mode of development and protection. In the second part, the studyproposes through analysis that the problems need to be solved first are the reasonabledesign of ownership and related legal regulation on business development activities. Inthe third part, the main oppositions are responded. The third chapter analyzes andevaluates the three theories of the academic field, and proposes that the combination ofthe specialized legislation and the existing law mode should be made to build the legalsystem. The fourth chapter describes the experience of extraterritorial legislations andtheir references.The fifth chapter is the key of the paper, which presents the institutionidea of protective development based on the above chapters, and suggests that Chinashould make special legislation on the group rights to regulate the related developmentactivities of intangible cultural heritage, cooperated and adjusted with the existing legalinstitutions, including contract system, tort system and so on.