Research On The Path Of Intangible Cultural Heritage Protection In China

Since twentieth Century,the protection of intangible cultural heritage in China has made significant progress,domestic legislation on the protection of intangible cultural heritage is also maturing,up to constitutional law,down to the local regulations,which is embody the concern for intangible cultural heritage.However,the limitations of the law itself and the characteristic of the intangible cultural heritage lead national law can not be exhaustive in the protection process,even unable to penetrate into the relatively closed area to regulate.For a long time,that ignoring the exploration of our country's folk law leads to the consequences that the realistic demand of intangible cultural heritage protection and the national law is not adapted.In order to remedy the deficiency of the law in the intangible cultural heritage protection,broaden the protection path,this article analyzes the current status and limitations of the national law on the intangible cultural heritage combined with case,analyzes the specific reasons why it doesn't match with the actual demand,and points out the possibility,feasibility and superiority of the folk law for the protection of intangible cultural heritage.Through the research,the author thinks that the folk law outside the order of state law is also an important force in the protection of intangible cultural heritage,therefore,we should pay more attention to the function of folk law and play its role in the supplement and amendment of state law.This paper further studies the dilemma of folk law in the protection of intangible cultural heritage,discusses the application of it in the protection of intangible cultural heritage from the aspects of the definition of folk law,the introduction of the spirit of civil law in legislation and justice,perfecting the civil law itself and strengthening the academic research and so on.It not only broadens the research perspective of intangible cultural heritage protection,but also provides a practical basis for the protection of intangible cultural heritage in China.