| Intangible culture heritage has the value and function of protecting cultural diversity and increasing group identification. The protection of intangible culture heritage which plays an important role in the development of human society reflects the growing of man’s spiritual and cultural demand after their material life is basically satisfied. There are a lot of problems in the theory and practice of China's intangible cultural heritage protection. In theory, some scholars confuse the intangible cultural heritage with its manifestation and try to realize the protection of intangible cultural heritage through private rights. In practice, some local governments and enterprises industrialize intangible cultural heritage in the name of protecting it, only focusing on its economic benefits and neglecting its cultural character. Such practice has divorced intangible culture heritage from its original cultural environment and made it lose its original substance and essence.Intangible culture heritage, relating to the public interest, is of the nature of culture role and public goods, therefore, to protect it through public authority is the most appropriate mode. Although private rights can protect the manifestations of intangible cultural heritage and may thus protect it indirectly, there are many serious limitations in it. Private rights are to protect private interest, and can not play a fundamental role in protecting public interest. Meanwhile, the market rules can only resolve the problem of interest assignment of intangible cultural heritage and can not resolve the problem of its declination.Therefore, the government, as the representative of public interest, is to assume the responsibility to protect intangible cultural heritage. Relevant laws should be made to stipulate the responsibility of government and adopt various public law measures to support and guide the protection of intangible cultural heritage. The government should provide a platform and create necessary conditions for the protection of it so as to promote its inheritance and innovation. Besides, the government should actively guide and standardize the development, utilization and industrialization of intangible culture heritage and prevent improper utilization of it so as to protect the public interest from being infringed. |
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