2012Journal of Inner Mongolia University for NationalitiesRequires access

Research on Private Law Protection Mode of Intangible Cultural Heritage

FU Shu-e

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Abstract

China has initially established public law protection of intangible cultural heritage,But its private law protection mode is still a blank.Intangible cultural heritage value of their own resources,the basic theory and system of private law shows that Intangible cultural heritage can seek the means of private law to relief.Our current private law protected mode is only to use existing intellectual property system and its role is minimal,therefore,we should seek a better mode of private law protection.Penetration of the norms of private law character in the existing administrative norms,integrating the existing system of private law by means of judicial interpretation,formulating specialized private law legal system are our selection of private law protection mode to draw on in the future.

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What this paper is about

China has initially established public law protection of intangible cultural heritage,But its private law protection mode is still a blank.Intangible cultural heritage value of their own resources,the basic theory and system of private law shows that Intangible cultural heritage can seek the means of private law to relief.Our current private law protected mode is only to use existing intellectual property system and its role is minimal,therefore,we should seek a better mode of private law protection.Penetration of the norms of private law character in the existing administrative norms,integrating the existing system of private law by means of judicial interpretation,formulating specialized private law legal system are our selection of private law protection mode to draw on in the future.

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Available abstract

China has initially established public law protection of intangible cultural heritage,But its private law protection mode is still a blank.Intangible cultural heritage value of their own resources,the basic theory and system of private law shows that Intangible cultural heritage can seek the means of private law to relief.Our current private law protected mode is only to use existing intellectual property system and its role is minimal,therefore,we should seek a better mode of private law protection.Penetration of the norms of private law character in the existing administrative norms,integrating the existing system of private law by means of judicial interpretation,formulating specialized private law legal system are our selection of private law protection mode to draw on in the future.

Key concepts: Private law, Law, Public law, Intellectual property, Intangible cultural heritage, Cultural heritage, Business, Civil law (Civil law)

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