非物质文化遗产国际法保护研究-国际法学专业论文.docxVIP

II II ABSTRACT The huge impact of modern civilization has pushed intangible cultural heritage on the verge of destruction, cultural piracy is rampant increasingly, this phenomenon causes the international communitys high attention. Chinese government has been realized the importance and necessity of protection for the intangible cultural heritage and committed to design the legal protection system of China. Even so, our legal protection system is far from perfection, the legal research is lagging behind the international level. The legal protection of intangible cultural heritage needs not only study on the principal legal issues, but also compare with the concrete legal protection mechanism of different countries,research on the cultural ownership disputes between developing and developed, and many other problems.Our relevant legal researches mainly forces on domestic law or cases, few legal researches refer to international law. However the above facts need international law to standardize, adjust, guide and balance.Therefore, its necessary to study on the principal legal issues and the existing international law protection system, protection path and content, and evaluate the current situation of ours in order to puts forward corresponding measures. This essay tries to perfect our legal protection system by compare and analysis the relevant international law and foreign countries’ legal system on the basis of define the theoretical research and combine with our national conditions. Firstly, this essay defines the concept of intangible cultural heritage, describes its basic characteristics and the importance of the protection; Secondly, it discusses the international legal basis for the protection based on three aspects : the national sovereignty, cultural human rights and international environmental law foundation; Thirdly, it makes an on-the-spot investigation about the existing system of international legal protection, then selects and analysis the main countri