Perfection of Chinese intangible culture heritage legislative protection in the construction of Silk Road Economic Belt(PDF)
《长安大学学报（社科版）》[ISSN:1671-6248/CN:61-1391/C]
- Issue:
- 2017年02期
- Page:
- 95-103
- Research Field:
- 法学
- Publishing date:
Info
- Title:
- Perfection of Chinese intangible culture heritage legislative protection in the construction of Silk Road Economic Belt
- Author(s):
- YUAN Zheng-rong; WANG Xiao-wen
- School of Law，Lanzhou University of Technology，Lanzhou 730050，Gansu，China
- Keywords:
- ; Silk Road Economic Zone; intangible cultural heritage; legislative protection; special legal protection system
- PACS:
- D923
- DOI:
- -
- Abstract:
- Silk Road Economic Belt brings the opportunities for the development of rich intangible cultural heritage along it. However, Chinese legislative law is not perfect for the protection of intangible cultural heritage. This paper analyzed the relevant laws and regulations of 9 provinces in Chinese northwest and southwest areas and studied Chinese intangible cultural heritage protection based on international experiences. The results show that we must change our concept of legislation from government standard to social standard and strengthen the protection mechanism of private rights. As to the transformation from the cultural resource to cultural assets , we should form the sustainable value sharing both cultural and economic benefits based on the protection and inheritance of intangible cultural heritage. Not only intellectual property of inheritors but also their scope of rights should be given by considering the legal nature of intangible cultural heritage. The interest demand between community and the masses and between the public and inheritors should be dealt well with. The license system of intangible cultural heritage should be perfected, specifying the rights and duties of inheritors in the utilization of intangible cultural heritage. The development of cultural industries can be used to promote the win-win relation between social benefit and economic benefit of intangible cultural heritage. Government, enterprises, and public organizations should invest more on the fund of intangible cultural heritage protection. The remedy system for inheritor’s rights should be improved to establish special legal protection system for the intangible cultural heritage within the Silk Road Economic Zone.
Last Update: 2017-05-23