On The Legal Protection Of Intangible Cultural Heritage In China

In recent years,China's intangible cultural heritage has been continuously plagiarized and infringed,and the protection of the intangible cultural heritage was once in a very awkward situation.The reason is that there is no perfect legal system for the protection and inheritance of intangible cultural heritage.Due to the gaps and defects in legislation,it is difficult to solve the problems in the protection of intangible cultural heritage in judicial practice.Therefore,it is urgent to establish the legal protection system of intangible cultural heritage.There are three main purposes of the author's research:First,the legislative blanks and faults of “the Intangible Cultural Heritage Law” and local legislation are to be analyzed to guide the enacting and polishing of law,thus,forming the legislative protection mode of the intangible cultural heritage in our country.Second,through the case analysis of the judicial practice of the existing problems and reasons and put forward solutions;Third,compare the legislation gap between our country and the international,provide reference for our country legislation.First of all,using the method of legal interpretation,starting with the concept,this paper analyzes the problems in the legislation and judicial practice of the intangible cultural heritage in China.Secondly,the comparative research method is used to find out the gap between China's legislation and international legislation,and draw lessons from other countries' legislative experience.The whole article is consisted of four chapters.The first chapter is the overview.This chapter makes a comparative analysis of the concept and classification of intangible cultural heritage in China and abroad,and concludes the characteristics of intangible cultural heritage.The second chapter is the status quo of the legal protection of the intangible cultural heritage in China.This chapter analyzes the problems existing in legislation at the national and local levels from the perspective of pre-legislation,enumerates a series of cases in judicial practice and makes a concrete analysis of the existing problems.The third chapter is "International Protection of Intangible Cultural Heritage".This chapter introduces the relevant international treaties,the legislation of developed and developing countries respectively,compares the legislation of our country,provides the reference object for the legislation of intangible cultural heritage of our country.The fourth chapter is "the perfection of the legal protection of the intangible cultural heritage in our country".Targeting the issues analyzed in Chapter Two,the author proposes that the protection of pubic and private rights be combined and advocates the protection mode incorporating administrative legislation with civil legislation,while putting forth some suggestions on certain problems in judicial practice.The author holds that the legal protection of intangible cultural heritage should be considered in both legislation and judicial practice.Legislation through the combination of administrative legislation and civil legislation protection mode,that is,administrative legislation to make a comprehensive amendment to the Intangible Cultural Heritage Law of our country.The civil legislation makes full use of the intellectual property rights system in China and establishes the exclusive right protection system of intangible cultural heritage.The perfection of legislation is the key to solve the problems existing in the judicial practice.At the same time,mediation system and seminars can be used in the judicial practice to provide solutions to the problems existing in the practice.