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Problems of legal protection of intangible cultural heritage

Author: ZhouZuo
Tutor: XiYueMin
School: Graduate School of the Chinese Academy of Social Sciences
Course: Civil and Commercial Law
Keywords: the intangible cultural heritage law protection economic law
CLC: G122
Type: Master's thesis
Year: 2011
Downloads: 405
Quote: 1
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Abstract


Intangible cultural heritage is refers to each group, organizations, sometimes for personal as its cultural heritage of various practice, performance, manifestation, the knowledge and skills and its relevant tool, material objects, crafts and cultural sites. With the deepening of globalization, non-material cultural heritage in national soft strength strategy of status is also becoming increasingly important. As the intangible cultural heritage is extremely rich countries, China is faced with how to strengthen the economic law on intangible cultural heritage protection problem. Based on the discussion of civil law, administrative law, criminal law protection for the intangible cultural heritage the feasibility and the defect, armed with economic law protection as should, by finance and tax law, finance, anti-unfair competition law, and realize the state-owned assets administration on intangible cultural heritage omni-directional, three-dimensional protection. Full-text divided into four chapter includes:The first chapter mainly introduces non-material cultural heritage of concepts and characteristics, and from the market failure in civil law protection limitations, government failure in administrative law to protect the limitation of the economic law has to protect public interests non-material cultural heritage of public goods attribute, the protection of intangible cultural heritage for the ultimate goal of sustainable development four aspects explains the intangible cultural heritage protection law of legal principles.The second chapter basically introduces non-material cultural heritage legal protection of international tour. We first introduce the international convention on intangible cultural heritage protection and then to Japan, South Korea, Italy is typical of the developed countries of non-material cultural heritage legal protection mode was presented. Finally, the afro-Asian Latin American developing countries, including non-material cultural heritage legislative situation analysis.The third chapter is our country on intangible cultural heritage of legal protection system analysis. At present in China, from a constitutional administrative law, criminal law, civil law and economic law several fields actively expand non-material cultural heritage legal protection pathways, and the intangible cultural heritage of legal protection system of concrete were expounded.The fourth chapter is exploring Chinese intangible cultural heritage protection law path. This paper suggests from intangible cultural heritage protection legislation principles, and fiscal law, finance, law, countermeasures and measures of state-owned intangible cultural heritage protection special countermeasures aspects of the intangible cultural heritage protection strengthen economic law.

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