Research On Legislative Protection Of Folklore In China

Folklore accumulate the deepest spiritual pursuit of the Chinese nation.They are not only the cultural crystallization and intellectual heritage of the country,but also the spiritual food on which a nation,ethnic group or community depends for survival.They represent the spiritual symbol of a specific group and embody the values and spiritual pursuit of a specific group.China is a large country,many ethnic and folklore emerge in endlessly,early in the public law norms such as administrative law to adjust folklore,but with the development of the society,especially some excellent works of folklore by others and even illegal use of foreign company,It has seriously damaged the legitimate rights and interests of a specific group,also caused a great loss to our country’s economic and social development,so adopting private law such as intellectual property law to protect folklore is the situation.However,the legislative protection of Folklore is a worldwide problem.Internationally,most countries have protected folklore,but no effective protection mechanism has been put forward yet in terms of specific system operation.Based on research on legislative protection of Chinese folklore as the foundation,by the methods of comparative analysis,sum up,methods of empirical analysis,from the present situation of Chinese related laws and judicial practice of folklore related cases of infringement,it is concluded that the focus of the legislation to protect Folklore in China.This article first expounds the folk literature and art,folklore and other related concepts and the special properties of folklore and the value of legislative protection,and this paper makes an empirical analysis through the relevant laws and cases on the protection of Chinese folklore,summing up legislative protected mode and present situation of the Chinese folklore,summarized the problems of Legislative Protection of Folklore in China.Finally through to the experience of the international treaties,developing countries and developed countries to protect folklore,draw the advice of the legislation to protect Folklore in China,our country should take special rights protection mode,speed up the folklore special legislation,make clear the right of folklore subject to specific national,ethnic or social;To clarify that the object of right of folklore includes not only the personal rights,but also economic rights,and to add a "Pocket Policy" in article 6 of the regulations on copyright protection of folklore(exposure draft);It is clear that the protection period of folklore is not limited by time,and it is necessary to improve the supporting measures to promote the implementation of legislation,such as the social protection mechanism,the relief channels for the right holders,and the citizens’ legal awareness.In order to provide some experience for the legislative protection of Chinese folklore.