Analysis on the Model of Legal Protection of the Intangible Cultural Heritage
XU Beiwen
Abstract
XU Beiwen
Abstract
Law is an important means to protect the intangible cultural heritage.Legal protection mode is considered as the significant content to perform this means,because it has great significance for orderly developing the legal protection of intangible cultural heritage.This paper started from the discussions on the juristic definition and characteristics of intangible cultural heritage,then analyzed the major relevant theories on the models of legal protection for the intangible cultural heritage,and further stated the author's opinion that our country should set public laws,dominantly the administrative laws as the basic model of legal protection,aided by the private laws,fundamentally the intellectual property rights law,and then establish a solid,complementary and integrated model of legal protection for the intangible cultural heritage combined with domestic laws and international laws.
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Law is an important means to protect the intangible cultural heritage.Legal protection mode is considered as the significant content to perform this means,because it has great significance for orderly developing the legal protection of intangible cultural heritage.This paper started from the discussions on the juristic definition and characteristics of intangible cultural heritage,then analyzed the major relevant theories on the models of legal protection for the intangible cultural heritage,and further stated the author's opinion that our country should set public laws,dominantly the administrative laws as the basic model of legal protection,aided by the private laws,fundamentally the intellectual property rights law,and then establish a solid,complementary and integrated model of legal protection for the intangible cultural heritage combined with domestic laws and international laws.
Key concepts: Intangible cultural heritage, Cultural heritage, Intellectual property, Intangible property, Cultural heritage management, Law, Industrial heritage, Political science