Research On The Legal Protection System Of Intangible Cultural Heritage In My Country

In recent years,intangible cultural heritage has suffered from the biggest obstacle ever under the further development of economic globalization,a part of intangible cultural heritage which depends on oral transmission and behavior inheritance has disappeared in people's field of vision gradually,and moreover,the phenomena of arbitrarily treating intangible cultural heritage and unreasonable development have also been occurred frequently.Therefore,improving the concern extent on intangible cultural heritage and protecting it through the relevant methods are the important tasks currently.At present,Chinese legal protective mode in the aspect of intangible cultural heritage lays particular emphasis on administrative law field,intellectual property law is still perfecting,while the focus of administrative law and intellectual property is different.In practice,the protective effect of administrative law and folk common law cannot be ignored,the range of application of intellectual property law expands but the effect is limited,and the protective effect of administrative law and folk common law reaches unanimity.There is a deviation between legislation and practice:the recognition degree of folk common law has different embodiment in legislation and practice,and also,there is different expectation for protective effect of intellectual property law in legislation and practice.Because of different concerns in theoretical aspect,it makes the concerns of intellectual property law and administrative law different in practice.The deviation of these legislations and practices can be explained as the mix of individual interests,collective interests and social public interests.When completing the legal protective mode of intangible cultural heritage,the core objective needs to be realized is that clear and define the relevant protective modes of individual collective interests and social public interests,and improve the maintenance strength of social public interests.The contents of administrative law and intellectual property law in the aspects of boundary and function can be defined through improving the maintenance strength of administrative law in folk common law and improving the strength of intellectual property law in legislation.The difference between intellectual property and administrative law can be differentiated practically,and moreover,inheritors' protecting system can be optimized.