[Meng Lingfa] Historical Evolution of China's Cultural Heritage Protection Policies

Abstract: The "Intangible Cultural Heritage Law of the People's Republic of China" officially came into effect on June 1, 2011, thus laying an institutional guarantee for the legislative protection of intangible cultural heritage.

Intangible cultural heritage, as an important protection object of cultural heritage, not only has the same important social status as material cultural heritage, but to a certain extent, is also the behavioral support for the generation of material cultural heritage.

Although the legislative protection of intangible cultural heritage is later than that of material cultural heritage, the former is obviously inseparable from the legislative foundation of the latter.

The legislative protection of my country's intangible cultural heritage really started in the late 1990s.

In addition to learning and learning from international developments, the legislative protection of material cultural heritage, the attention to folk culture and the "intangible" understanding of the concept of cultural heritage since the end of the Qing Dynasty not only provides theoretical support for the contemporary protection of intangible cultural heritage, but also brings legal basis for the promulgation of the "Intangible Cultural Heritage Law".

However, the "Intangible Cultural Heritage Law" as an administrative law still has many shortcomings.

Therefore, it is necessary to enact "Implementation Rules" while connecting with other laws and regulations to make a more accurate and detailed "judicial interpretation."

Keywords: Law of the People's Republic of China Intangible Cultural Heritage; Administrative Law; Legislative Process; Material Cultural Heritage; Intangible Cultural Heritage

introduction

On February 25, 2011, the "Intangible Cultural Heritage Law of the People's Republic of China"(hereinafter referred to as the "Intangible Cultural Heritage Law") was reviewed and adopted at the 19th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China and was officially implemented on June 1 of that year.

As an administrative law, the Intangible Cultural Heritage Law has gone through a long legislative process and is a milestone in my country's "intangible cultural heritage" protection work.

It provides a code of conduct for "intangible cultural heritage" protection authorities at all levels.

"Intangible cultural heritage" is a contemporary international concept.

From the perspective of cultural protection, it belongs to the category of "cultural heritage", although the latter is mostly regarded as material.

Before the concept of "intangible cultural heritage" entered our country (especially the reform and opening up), a large number of "intangible cultural heritage" protected objects were regarded as "accessories" of "material cultural heritage" and attracted the attention of cultural authorities or relevant academic groups, thus providing the current "intangible cultural heritage" protection provides a material basis for "project" excavation, and provides a legal basis for the formulation of the provisions of the Intangible Cultural Heritage Law.

It can be seen from the Convention for the Protection of Intangible Cultural Heritage (2003) that one of its important sources is the Convention for the Protection of the World Cultural and Natural Heritage (1972).

Not to mention the provisions of the Cultural Relics Protection Law of the People's Republic of China have also been formulated in the "Intangible Cultural Heritage Law" even directly clarified the legal status of "objects and places" in "intangible cultural heritage." Therefore, in sorting out the legislative process of the Intangible Cultural Heritage Law, even if the national policy on "intangible cultural heritage" is the core, we cannot ignore the development of "material cultural heritage" protection in our country and its impact on the protection of "intangible cultural heritage" and promotion.

1.

The era of "Cultural Heritage Law": the protection of "things" and the germination of "non-things"

Judging from the emergence of the concept of "intangible cultural heritage", the "intangible cultural property" originating in Japan is also formed on the basis of "tangible cultural property." Although its "Cultural Property Protection Law" has both "intangible" and "tangible" protection objects, the former is undoubtedly a "derivative" of the latter.

Therefore, when Japanese scholar Jun Nakamura and South Korean scholar Ding Xiuzhen were sorting out their country's "Cultural Property Protection Law", they incorporated previous (even at the end of the 19th century)"material cultural heritage" protection policies (laws and regulations) into the "Intangible Cultural Heritage Law." Formation context.

Unlike Japan and South Korea, due to the turbulent current situation, the national law on the protection of "material cultural heritage" in the late Qing Dynasty and the Republic of China (1830-1949) was not comprehensive or even practical.

However, the attention to "intangible" cultural customs (folk literature) mostly stems from the patriotic feelings and academic consciousness of intellectuals.

In addition, although the Communist Party of China did not control state power at the time, it also made great contributions to the protection of "material cultural heritage." More importantly, the concept of "people's literature and art" formed in the "revolutionary base areas"(Jiefang District) has provided a "folk" foundation for the collection, collation, adaptation and application of oral art (especially ballads), which coincides with the "grassroots nature" embodied in today's "intangible cultural heritage." This situation did not change fundamentally for a period of time after the founding of the People's Republic of China (1949-1966), and the corresponding "material cultural heritage" protection policies have also developed based on previous achievements.

(1) Cultural heritage protection policies in the late Qing Dynasty.

my country's modern concept of "material cultural heritage" protection began with the introduction of Western libraries and museums.

From March 1839 to November 1840, the "Sizhou Chronicles" edited by Lin Zexu was the first to mention the libraries and museums in Renton (London), England.

Since 1866, when the Qing court sent its first batch of officials to visit Europe, they have published more than ten books introducing Western museums after returning home.

Although officials and people of insight have a very clear understanding of Western museums, such institutions built in the name of the state or the government are far inferior to those of the private sector.

The earliest museums that appeared were represented by Shanghai Xujiahui Museum of Nature (1868), Shanghai Museum of the Asian Cultural Association (1874), Beijing Tongwen Museum (1876), and Shanghai Gezhi Academy Museum (1877).

One of the work contents of "learning" advocated by Liang Qichao's "On the Society"(1896) is to create museums; Kang Youwei's "Datong Book"(1898) proposed that both the country and local governments should build official museums.

According to this,"Kang and Liang both believe that museums are necessary institutions in a civilized country and an important way to revitalize the country and cultivate talents." However, in order to reward scientific and technological inventions and promote industry and commerce, the Qing Dynasty, whose national strength was declining, issued through the Prime Minister's Yamen, the earliest document formulated by the state in my country's history to encourage the construction of libraries and museums, the "Regulations on Award for Revitalization of Crafts"(1898).

Similar to the above "theories,""books" or "regulations", Zhang Jian's submissions to the Qing court in 1903,"Discussion on the Prime Minister's Request for the Capital to Build an Imperial Chamber Expo" and "Discussion on the Ministry of Education's Request for the Establishment of an Expo" were not paid attention to.

It was not until 1905 that Zhang Jian built my country's first modern museum-Nantong Museum Garden.

Perhaps due to the continuous outflow of national cultural relics and the constant appeals of the political and academic circles, the first "Cultural Relics Protection Law" in my country's history, namely the "Regulations on the Promotion of Measures for the Preservation of Monuments", formulated by the Ministry of Civil Affairs of the Qing Dynasty and reviewed by the Constitutional Compilation and Investigation Institute, was promulgated in 1909.

Some scholars believe that this "law" consisting of two parts: investigation and protection is "under the influence of modern Western civilization, people gradually have a correct understanding of the value of cultural relics and realized the importance and necessity of protecting cultural relics." It was formed "on the basis of drawing on the international conventions on the protection of cultural relics and cultural relics protection regulations of other countries." In addition, in order to coordinate local political power for self-protection, the Qing court issued my country's first "Local Autonomy Law" in modern times-the "Regulations on Local Autonomy in Cities and Villages" in 1908.

Even this tentative "law" to reform the local management system does not forget to emphasize "preservation of historic sites" as a "good deed in cities and villages" and also mentions the need to pay attention to "poor craftsmanship."

(2) Cultural Heritage Protection Policies of the Republic of China 1.

Material Cultural Heritage Protection Policies The Qing Dynasty's "Protection Law" on "Material Cultural Heritage" has a perspective that takes into account local cultural construction.

However, these "laws" did not produce the expected positive effect during the turbulent years of dynasty change.

What's more, shortly after these laws were promulgated, the Qing court was destroyed in the "Revolution of 1911".

However, these "laws" were not used by the "Republic of China" and were at most only references to the "new laws".

Shortly after the founding of the Republic of China, the Nanjing Provisional Government established the Department of Social Education (1912) under the Ministry of Education of the Central Committee, and set up a department responsible for museums, libraries, art galleries, zoology and zoology, and cultural relics collection.

Since then,"national" institutions such as the "Beijing History Museum"(1912), the Beijing Railway Management Institute Museum (1913), the Wenhua Hall and Wuying Hall Antiquities Exhibition Hall of the Forbidden City (1914), and the Nanjing Ming Palace Antiquities Exhibition Hall (1915) were established one after another.

If we return our vision to the formulation and promulgation of laws, we can find that the "Interim Regulations on the Preservation of Antiquities in Henan" issued by Henan Civil Affairs Minister Zhang Zhenfang in 1913 was the earliest "Cultural Relics Protection Law" promulgated after the founding of the Republic of China.

"In May 1915, the Ministry of Internal Affairs issued an order to the civil affairs chiefs of all provinces and consulted with generals, prefectures, and garrison envoys to try to preserve antiquities in the areas under their jurisdiction." In 1916, the Beiyang Government promulgated the "Interim Measures for the Preservation of Antiquities"; In May 1921, the "Order on Amending the Regulations on the Management of Temples" issued by the Beiyang Government was promulgated, and the "General Rules for the Special Protection of Famous Temples" were issued nationwide.

Since then, a large number of museums and educational institutions with the government as the main body of management were established, and the most eye-catching one was the Palace Museum, which was established on October 10, 1925 with the Forbidden City as its core.

In March 1927, the Taxation Department of the National Government formulated the "Measures for the Prohibition of the Export of Antiquities"; in 1928, the National College of the Republic of China established the Central Antiquities Preservation Committee.

In the same year, the National Government promulgated the "Regulations on the Preservation of Scenic Places, Monuments and Antiquities","Regulations on the Registration of Temples" and "Organic Law of the Palace Museum"; In June 1930, the government of the Republic of China promulgated the first "National Cultural Relics Law"-the "Antiquities Preservation Law"; On July 3, 1931, the "Implementation Rules of the Antiquities Preservation Law" were issued by the Executive Yuan of the National Government and officially came into effect on June 15, 1933; in March 1932, the Ministry of the Interior of the National Government issued the "Regulations on Clearing up the Real Estate under the Management of the Ministry and Restoring the Temple and Monuments"; In June 1935, the Central Antiquities Custody Board issued the "Provisional Outline of the Scope and Types of Antiquities", and the Executive Yuan promulgated the "Rules for the Mining of Antiquities","Rules for Passport of Antiquities Abroad", and "Rules for the Participation of Foreign Academic Groups or Private Individuals in the Mining of Antiquities".

The Constitution of the Republic of China came into effect on January 1, 1947, and it explained the legal status given to the protection of cultural heritage.

It can be seen from this that the "Cultural Relics Protection Law" during the Republic of China had a gradual development process from regulations to laws and then to regulations, and formed a legal system of comprehensive and special, and national and local coordination.

The above laws and regulations were undoubtedly promulgated during the relatively stable period of the Republic of China, and relevant actions have also achieved certain protective effects.

However, after the Lugouqiao Incident on July 7, 1937, the situation changed fundamentally, and the corresponding "Cultural Relics Protection Law" and "Cultural Protection Institutions (or Organizations)" also entered a "suspended state." For example, the Central Antiquities Preservation Commission, which recruited many "Cultural Protection" experts (such as Fu Rulin, Fu Sinian, Li Ji, Zhu Xizu, and Dong Zuobin), was also abolished by the Executive Yuan.

However,"cultural protection" people have not given up protecting "national treasures" because of this, and the southward and northward migration of cultural relics in the Forbidden City are represented.

On the whole, the "material cultural heritage" protection law in the late Qing Dynasty and the Republic of China mainly targeted visible ancient relics.

However, in the process of protecting "material cultural heritage","intangible" creations represented by folk customs (folk literature) have also attracted the attention of competent departments and "cultural protection" experts.

2.

Collection, collation and research of folk culture."Material cultural heritage" and "intangible cultural heritage" during the late Qing Dynasty and the Republic of China are two aspects of cultural heritage protection.

However, the former is supported by government laws and regulations, while the latter is a "national heritage" with certain material dependence.

The cultural and educational officials of the National Government represented by Cai Yuanpei not only play a vital guiding role in the legislation and operation of cultural relics protection, but also promote "intangible culture" in the form of folk customs (folk literature and traditional crafts)."Promote, thus providing symbolic national backing for the collection, collation and research of folk customs (folk literature and traditional crafts).

As early as 1911, the posthumous book "A History of China Customs" by Zhang Liangcai, a scholar in the late Qing Dynasty, was published by the Commercial Press.

It contained a large number of descriptions of "material folk customs." Since then, there have been more and more such studies, and their coverage has become wider and wider.

This may be closely related to the "Peking University Ballads Movement" launched in 1918 and the Ballads Research Society, Customs Survey Society and Dialect Survey Society established by the School of Chinese Studies at Peking University in 1921.

Even the Antiquities Survey Society, which focuses on material protection (research), realized that its scientific research activities also require "the cooperation of talents in geology, anthropology, religious history, civilization history, and local customs." It can be seen from this that "local customs" are also very important for the protection of "material cultural heritage." In addition, a private academic institution with strong influence in the research of China traditional construction studies-China Construction Society-was officially established in Beijing in February 1930.

Its president Zhu Qiqian was a senior official of the Beiyang government, while its deputy directors Liang Sicheng and Liu Dunzhen were famous historians and architects.

Within the scope permitted by law, China Construction Society has made great contributions to the protection, research, publicity and education of traditional buildings in my country.

Some scholars pointed out that "the series of work carried out by the China Construction Society is not only to study and protect physical buildings, but also to collect and organize engineering skills, folk experience, etc., and inherit intangible intellectual heritage.

From the starting point of 'collecting, sorting and preserving everything related to the creation of culture' when the society was established,'beliefs, legends, instruments, music and songs, and all intangible ideological backgrounds' are all within its research vision.

The primary task of the society at the beginning of its establishment was to 'communicate with Confucian scholars and develop wisdom and cleversation' and collect various folk manuscripts (such as a summary of the experience of craftsmen, textbooks or chants passed down from generation to generation by disciples, etc.), interpreted, organized and published with the perspective of modern architecture, with a view to inheriting it."In addition," the society also collects relevant materials from the inheritors of skills and compiles "Philosophical Craftsmen Lu",'It not only collects and records the deeds of craftsmen, but also collects craftsman materials such as stacked mountains, forging smelting, ceramics, pine ornaments, sculptures, icons, attacking tools, craftsmanship, jade attacks, wood attacks, bamboo carving, fine calligraphy and painting, and female red." In fact, Zhang Jian, the No.

1 scholar in the late Qing Dynasty, had long paid attention to the "inheritance" of traditional handicrafts.

He not only hid the famous Wu County works of Shen Shou,"The Statue of Jesus" and "The Statue of Actress Beike", in Nantong Museum, but also in the hope of revitalizing national industry and commerce,"In order to enable Shen Shou to continue to teach her skills, in 1914, Shen Shou was appointed to teach at Nantong Women's Normal School." According to Shen Shou's dictation on embroidery techniques in his later years, Written a monograph titled "Snow Embroidery Pattern"(1918).

It can be seen that for early protectors and researchers of "material cultural heritage","intangible" creations such as oral literature, traditional skills and folk beliefs are also extremely important national cultural heritage, so they need to wait like material culture.

Look at it.

3.

Compared with the current "materiality" cognition of the concept of "cultural heritage", this term has been "immaterial" in the discussions of some scholars since the Republic of China.

Ma Boxiang wrote in "Telling the People of Japan's Misfortune" that "remember the glory of our past history and the cultural heritage created by our ancestors", which refers to "cultural relics fame", including the material and spiritual wealth passed down by our ancestors.

Hu Shi's words of "cultural heritage" in his speech "China Renaissance Movement"(1933, University of Chicago) mean "cultural tradition." Since then, Ji Xizong's "The Great Wall: One of the Ancient Cultural Heritage of China" and Huang Feng's "How to Accept Cultural Heritage" have also discussed or used "cultural heritage." Some scholars pointed out that "cultural heritage" during the Republic of China "was more used to refer to spiritual heritage" and that "the concept of 'cultural heritage' that focuses on culture and art is quite close to the 'intangible cultural heritage' concept gradually formed on the basis of respecting cultural diversity."As Shi Gongmu said in "Sending to Youth: How to Accept Cultural Heritage": Although the cultural expressions represented by social opera and lantern festivals are simple,"the things they express are ultimately the cultural products of our nation for thousands of years., they have been passed down." Therefore,"all cultural relics and art, poetry and songs are also the heritage of our national culture." Zheng Boqi even bluntly stated in "Folk Customs: Living Cultural Heritage"(1947):"Customs and habits in various places, dialects and proverbs in various places, so-called folk literature and art such as ballads, legends, stories, and local operas in various places can include 'Folk customs' within the scope of the name," and "Folk customs are also the living cultural heritage of a nation." It can be seen that Chinese scholars in the 1940s had fully realized that in addition to the visible "things","cultural heritage" also had the invisible "non-things" folk "side.

(3) The cultural heritage protection policy of the Communist Party of China during the Republic of China 1.

Material cultural heritage protection policy The Communist Party of China of China had put forward its own idea of "cultural protection" in the 1930s.

In November 1931, the Provisional Central Government of the Soviet Republic of China promulgated the "Regulations on Preferential Treatment of the Workers and Peasants 'Red Army of China," which mainly focused on the collection, collation and display of martyrs' relics.

In order to ensure the effective implementation of the regulations, in February 1932, the provisional central government issued the ninth instruction,"Various Measures for Implementing the Regulations on Preferential Treatment of the Red Army." When collecting revolutionary cultural relics for commemoration, publicity and education, in May 1933, the Central Ministry of Education issued the "Notice for Collection of Exhibits by the Central Revolutionary Museum." Although the Communist Party of China (the main force) was forced to "Long March" at the end of 1934, its protection of "material cultural heritage" did not stop.

During the Anti-Japanese War, the Communists in Yan 'an were still vigorously collecting revolutionary cultural relics, and published the "Notice of the Central Military Commission on Collecting Historical Materials for the Red Army" signed by the Central Military Commission in the "New China News"(May 1935).

Since the mid-1930s, in addition to revolutionary heritage, cultural relics and monuments have also been protected by "legislation." In March 1939, the Propaganda Department of the Central Committee of the Communist Party of China published the "Notice on the Preservation of Historical Documents, Monuments and Antiquities" in "Liberation".

In November of the same year, the Shaanxi-Gansu-Ningxia Border Region Government issued the "Shaanxi-Gansu-Ningxia Border Region Government to the Administrative Commissioners and County Magistrates" Instructions ".

After entering the War of Liberation, the Communist Party of China's "legislative" protection of "material cultural heritage" became more complete.

In October 1947, the Central Committee of the Communist Party of China promulgated the Outline of the Land Law of China.

Article 9, paragraph c, is aimed at the protection of monuments and antiquities.

In terms of laws and regulations promulgated by the local government of the Communist Party of China, the most representative one is the "Notice on the Protection of Cultural Relics and Monuments in Various Places" issued by the Shaanxi-Gansu-Ningxia Border Region Government in March 1948.

In order to avoid the damage to ancient buildings during the war, in January 1949, the Central Committee of the Communist Party of China specially hired Liang Sicheng and other personnel from the Department of Architecture of Tsinghua University and the China Construction Society to compile the "Outline of National Important Cultural Relics Buildings."

Not all of the above documents are laws and regulations, but these official documents have demonstrated the firm attitude of the Communist Party of China to the protection of "material cultural heritage," and they also have a direct binding effect on the relevant behaviors of Communists in wartime.

In fact,"Whether it was the Beijing government, Nanjing National Government, or the Communist Party and its border area government in the early years of the Republic of China, it was everyone's consensus to protect the historical and cultural heritage of the Chinese nation, protect surviving cultural relics and monuments, crack down on cultural relics crimes, and prevent the destruction and outflow of cultural relics."

2.

Folk Literature and "People's Literature and Art" Although the Communist Party of China used the vast rural areas as its revolutionary (Anti-Japanese War) base during the Republic of China, it not only respected the customs and habits of the local people, but also tried its best to protect ancestral halls, temples and other public properties for its use.

More importantly, the Communist Party of China is deeply aware of the low "literacy rate" of grassroots people, and the dissemination of revolutionary (Anti-Japanese War) ideas also relies on "writing" to some extent.

Developed oral literature among the people provides a rare avenue for propaganda and education.

Especially during the "Yan 'an Period", although there were no specific laws and regulations on folk culture, Mao Zedong's "Speech at the Yan' an Forum on Literature and Art"(1942) had the guidance of "law".

It not only deepened the understanding of folk literature among the military and civilians in the base areas, but also inspired the confidence of literary and artistic workers to take root among the people and create "people's literature and art." Although "during the Yan 'an period, the Communist Party of China called on researchers to learn from the' folk 'in terms of cultural policies, and stood on the' folk 'standpoint, particularly emphasized that literary works should reflect the lives of the people.

All this was also for the needs of the revolution and war at that time.

Folk literature became part of the revolution like literature, and through the Speech, folk literature was completely incorporated into the track of literature.

Academic research on folk literature followed this purpose," However, as Wang Wenbao said,"the people's government has collected and studied folk songs, folk music, folk legends, folk yangko, folk art, folk operas, etc., injecting new nutrition into these folk literature and art," and "Closely linking folklore research with the social problems existing in the actual social changes in the Jiefang District is conducive to the practice of changing customs and the development of folklore." Therefore, politics and artistry do not deny other basic attributes of folk literature, and the current protection of "intangible cultural heritage" also has the purpose of better serving the development of contemporary society.

In this regard, the occurrence of the two in our country has a significant continuity.

Although the "immaterial" perception of "cultural heritage" did not affect the principle of "physical property" of administrative agencies when formulating national laws (regulations), and the concept of "intangible cultural heritage" in the contemporary sense had not yet been formed in the international field during the Republic of China, this has already allowed us to see that the field of China folklore (folk literature and traditional crafts) in the 20th century has made in-depth explorations on this, and has left a large amount of "intangible" materials for future generations in corresponding investigation and practice.

In short, the construction of modern museums that began in the late Qing Dynasty is the basis for the legislative protection of my country's "material cultural heritage." The "intangible cultural heritage" represented by folk customs (folk literature and traditional crafts) has become the Chinese nation together with the "material cultural heritage".

The spiritual support that can be condensed during the special period.

2.

The era of "intangible cultural heritage law": legal basis and legislative process

The society of the Republic of China is complicated, but a very important fact is that when the Kuomintang, which controls state power, protected "material cultural heritage" with national laws (regulations), the Communist Party of China did not change its consistent work of "cultural protection" amid the Kuomintang's "white terror." During the Anti-Japanese War, protecting various "material cultural heritage" from damage or plunder by invaders was also a code of conduct that Communists continued to adhere to.

This resulted in more systematic laws and regulations during the War of Liberation, especially after the founding of the People's Republic of China.

"Intangible cultural heritage" is like a foreign concept in our country, and its widespread recognition in the international community has also gone through a complex consultation process.

As mentioned above,"people's literature and art" is a literary and artistic thought under the leadership of the Communist Party of China with "the people" as the core.

This creative principle born from grassroots society not only lays a cognitive theory for the sublimation of oral art, but also provides a certain legal basis for the formulation of my country's Intangible Cultural Heritage Law.

1) Cultural heritage protection policies after the founding of the People's Republic of China After the founding of the People's Republic of China, cultural relics administrative agencies from the central to local governments were "quickly established" for the protection of "material cultural heritage," and the "national cultural relics protection administrative system" was gradually improved.

More importantly, a series of "Cultural Relics Protection Regulations" issued by state agencies have played a very positive binding role.

In May 1950, the State Council (the State Council) formulated the "Interim Measures for Prohibiting the Export of Books on Precious Cultural Relics" and the "Measures for the Protection of Monuments, Books on Precious Cultural Relics and Rare Creatures." In June of the same year, the Eighth Meeting of the Central People's Government Committee adopted the "Land Reform Law of the People's Republic of China".

Article 21 of its Chapter 4 "Handling of Special Land Issues" emphasized the need to protect "scenic spots and historic sites", etc., and in July the State Council also promulgated the "Instructions on the Protection of Ancient Cultural Relics and Buildings." From September 1953 to April 1959, Xi Zhongxun, then Secretary-General of the State Council, successively issued the "Instructions on the Protection of Historical and Revolutionary Cultural Relics in Capital Construction Projects","Notice on the Protection of Cultural Relics in Agricultural Production and Construction","Notice on Implementing the" Notice on the Protection of Cultural Relics in Industrial and Agricultural Construction "and other protection documents involving" material cultural heritage ".

During the "Great Leap Forward" in 1958, although the protection of "material cultural heritage" encountered some twists and turns, local governments and even the central cultural authorities quickly reversed their thinking and promulgated corresponding protection policies.

Judging from the existing literature, the first national-level "regulations" specifically aimed at the protection of "material cultural heritage" after the founding of the People's Republic of China were adopted by the 105th meeting of the State Council on November 17, 1960 and officially promulgated on March 4, 1961.

The "Interim Regulations on the Protection and Management of Cultural Relics" were also issued on this day.

In addition, at that time, a system of national key cultural relics protection units and provincial cultural relics protection units that continues to this day was also formulated.

"In various historical stages during the first seventeen years of the construction of New China, targeted opinions were put forward in a timely manner to promote the mutual coordination between cultural relics protection and national construction." These laws and systems were in the "Cultural Revolution" During the period, it played a vital role in protecting cultural relics.

However,"material cultural heritage" is, after all, a visible historical existence, and legal protection of them is also a very practical textual means.

However,"intangible" as opposed to "material" is also an important part of cultural heritage.

However, limited by the times, they have not yet been included in the scope of legal protection, but they have been widely observed in relevant political movements.

The most typical one is the "New Folk Song Movement" that occurred during the "Great Leap Forward" period in 1958.

As Mao Qiaohui said,"The literature and art of the Jiefang District is the literature and art of the truly new people.

After the founding of the People's Republic of China, it developed along this path, inheriting the thoughts and policies of the Jiefang District that attached importance to folk literature during the Yan 'an period." This situation is even more prominent in the "New Folk Song Movement." There is no doubt that the "New Folk Song Movement" is a national movement that combines the collection, collation and creation of folk literature with significant political nature.

After entering the 1960s, literature and art policies were released one after another through various high-level meetings, and promoted by relevant editorials, people's understanding of the "political nature" of folk literature was strengthened.

Although literary and artistic policies with "speeches,""reports,""opinions" or "editorials" as the main body are not real laws and regulations, their written presentation in special times has become an important guide for people of the time to strengthen their belief in "revolution".

Therefore, in the nearly 30 years after the founding of the People's Republic of China,"intangible cultural heritage" such as folk literature have been collective creations that exist as political components.

After the reform and opening up, the legislative protection of China's "material cultural heritage" and "intangible cultural heritage" has entered a new systematic stage.

More than 20 years after the promulgation of the Interim Regulations on the Protection and Administration of Cultural Relics (1961), my country's first "material cultural heritage" protection law, namely the "Cultural Relics Protection Law of the People's Republic of China," was adopted on November 19, 1982 at the 25th meeting of the Standing Committee of the Fifth National People's Congress, which basically inherited the former's principle of "cultural protection." The Constitution of the People's Republic of China adopted and promulgated by the Fifth Session of the Fifth National People's Congress on December 4, 1982, Article 22 of its first chapter, General Outline, is "The State protects scenic spots and historic sites, precious cultural relics and other important historical and cultural heritage," which laid the foundation for the "fundamental law" for the sustainable development of the "cultural protection" cause.

"In 1983, the Ministry of Urban and Rural Development and Environmental Protection issued the" Notice on Strengthening the Planning of Historical and Cultural Cities "and the" Notice on Carefully Protecting Cultural Relics, Monuments and Scenic Places during Construction "." In 1984, the "Interim Regulations on the Management of Scenic Areas" were also formulated "; After entering the 1990s, there was a certain contradiction between urban development and the protection of "material cultural heritage." However, in order to coordinate the latter's adaptability to the times, some cities listed as national "historical and cultural cities" also began to formulate "Regulations on the Protection of Historical and Cultural Cities" in accordance with the above laws and regulations.

On April 30, 1992, the "Implementation Rules of the Law of the People's Republic of China on the Protection of Cultural Relics" was approved and implemented by the State Council.

On March 15, 1994, the Ministry of Construction and the Administration of Cultural Relics jointly established the "National Expert Committee for the Protection of Historical and Cultural Cities", thus strengthening the review, management and protection mechanisms of historical and cultural cities across the country.

Although the above review only dates back to the early 1990s, my country's legislation on "material cultural heritage" has not stopped.

In addition to the amendment (revision) and abolition (replacement) of the above-mentioned laws and regulations, special regulations, normative documents and departmental rules are also constantly refining the protection of "material cultural heritage", such as the "Measures for the Protection and Management of World Cultural Heritage"(2006), the "Regulations on the Protection of the Great Wall"(2006), Measures for the Protection and Management of the Grand Canal Heritage (2012) and the Museum Regulations (2015).

In fact, since the end of the Qing Dynasty, the legislative protection of my country's "material cultural heritage" has never been separated from the influence of the international community.

This can be seen from the previous "Introduction to museums", but this has increased significantly after the Republic of China, especially the introduction of relevant "international law"[such as the Athens Charter (1933), the Venice Charter (1964), and the Convention for the Protection of the World Cultural and Natural Heritage (1972)].

It has further deepened the understanding of previous governments on the legislative protection of "material cultural heritage." However, with the improvement of living conditions and the improvement of education levels, people's demand for spiritual life has gradually increased, and the advancement of urbanization has accelerated the disappearance of "intangible cultural heritage" represented by folk customs.

Although folklorists, anthropologists and ethnographers have carried out continuous discussions on this after the reform and opening up, this cannot fundamentally change the living situation of "intangible cultural heritage", while legislative protection provides this from a mandatory perspective."Delay" means.

(2) Formulation and implementation of the Intangible Cultural Heritage Law 1.

Similar to "material cultural heritage" from local to national, my country's "intangible cultural heritage" legislative protection is obviously also influenced by external factors, especially those born in Japan and obtained the United Nations Educational, Scientific and Cultural Organization recognized the concept of "intangible cultural property".

Since the late 1990s, my country's legislative protection of "material cultural heritage" and "intangible cultural heritage" has changed from the previous situation where the latter was missing and embarked on a parallel path.

Although the late Qing Dynasty and the Republic of China to the reform and opening up, my country has accumulated a large number of folk customs.(Folk literature and traditional crafts) as the core of "intangible cultural heritage" materials, but "what really gave rise to the emergence of legislative ideas for the protection of intangible cultural heritage is many protection projects after the reform and opening up." The "Compilation and Publishing Project of China's Top Ten Collected Records of Folk Literature and Art" co-sponsored by the Ministry of Culture, the State Ethnic Affairs Commission and the China Federation of Literary and Art "in 1979" has accumulated rich materials and provided strong academic support for the subsequent protection of intangible cultural heritage and its legislative work." According to this, my country's first regulation consistent with the current "Intangible Cultural Heritage Law", the "Regulations on the Protection of Traditional Arts and Crafts", was issued by the State Council on May 20, 1997.

This is obviously a targeted single regulation, but it has opened the way of legislation for the protection of intangible cultural heritage in my country.

In fact, the real legislative work on the protection of "intangible cultural heritage" started with local governments-"Different from other laws," the promulgation of the Intangible Cultural Heritage Law "" adopted the legislative idea of 'local governments first, then the central government'."

At the end of 1998, when Zhu Kaixuan, member of the Standing Committee of the National People's Congress and chairman of the Education, Culture and Health Committee, led a team to inspect the protection of ethnic and folk traditional culture in Yunnan, he suggested that Yunnan Province take the lead in formulating a local regulation on the protection of ethnic and folk traditional culture.

Since then, the "Regulations on the Protection of Ethnic and Folk Traditional Cultures in Yunnan Province," which has been revised 14 times, was adopted at the 16th meeting of the Standing Committee of the Ninth People's Congress of Yunnan Province on June 26, 2000.

Through the promulgation and implementation of the Yunnan "Regulations", the "National Symposium on Legislation for the Protection of Ethnic and Folk Culture" organized by the National People's Congress Education, Culture, and Health Committee, the Ministry of Culture and the State Administration of Cultural Heritage was held in Yunnan on November 7, 2000.

This "Yunnan Conference", which scholars called the "General Mobilization of Local Legislation for the purpose of exchanging" experience ", opened the curtain on legislative work in various places." In order to further understand international developments, from May 15 to June 3, 2001, the Ministry of Culture and the National People's Congress Education, Culture and Health Committee formed an ethnic and folk cultural legislation inspection delegation to study in Switzerland, Tunisia, Egypt and other countries.

In order to "introduce foreign experiences and practices to domestic legislators who were still exploring at that time," an "International Seminar on the Protection and Legislation of Ethnic and Folk Culture Together" was held in 2001, known as "Connecting with the World".

It was held in Beijing on December 18.

Soon, the second local regulation on the protection of "intangible cultural heritage""Regulations on the Protection of Ethnic and Folk Cultures in Guizhou Province" was adopted at the 29th meeting of the Standing Committee of the Ninth People's Congress of Guizhou Province on July 30, 2002.

In August 2002, the Ministry of Culture submitted the "Law of the People's Republic of China on the Protection of Ethnic and Folk Traditional Cultures (Recommended Draft)" to the Education, Culture and Health Committee of the National People's Congress, and in November 2003, the "Law of the People's Republic of China on the Protection of Ethnic and Folk Cultures (Draft)" was formed.

However, the law could not be reviewed immediately due to cognitive flaws.

Specifically, this cognitive defect mainly comes from the legal naming of "ethnic and folk traditional culture." Long-existing related cases and international events, such as the 1999 "Wusuli Boat Song" infringement case,"'Water Book 'trademark registration case and the 2004 Korean Dragon Boat Festival application to UNESCO's "Human Intangible Cultural Heritage" incident all urgently need legislative confirmation of "intangible cultural heritage" protection.

Accordingly, the Ministry of Culture and the Ministry of Finance jointly issued the "Notice on Implementing the China Ethnic Folk Culture Protection Project" on April 8, 2004, and also issued the annex "Implementation Plan for the China Ethnic Folk Culture Protection Project." With the study and reference of relevant international documents in the legislative process, especially the conceptual interpretation of "intangible cultural heritage" in the Convention for the Protection of Intangible Cultural Heritage, our country's legislators rejected objections and based on respecting international conventions.

In 2004, the "Law of the People's Republic of China on the Protection of Ethnic Folk Culture (Draft)" was revised to the "Law of the People's Republic of China on the Protection of Intangible Cultural Heritage (Draft)".

However, the complexity of the legislative process involves not only the law itself, but also the life of the whole people.

This law was not reviewed in time, but the legislative protection of "intangible cultural heritage" is also very urgent.

Therefore, an institutional guarantee system with administrative regulations as the main body came into being.

2.

From Regulations to Laws On March 36, 2005, the General Office of the State Council issued the "Opinions on Strengthening the Protection of Intangible Cultural Heritage in my Country", which was attached to the "Interim Measures for the Application and Review of Representatives of National Intangible Cultural Heritage".

Kang Baocheng believes that "From a national level, the Opinions and Measures are the predecessors of the Intangible Cultural Heritage Law." "Since then, a number of administrative regulations or departmental rules have been promulgated, laying the foundation for the legislative protection of my country's" intangible cultural heritage." On June 17, 2005, the "Opinions on Using Traditional Festivals to Promote the Excellent Tradition of National Culture" was issued, and on December 26 of the same year, the State Council issued the "Notice on Strengthening the Protection of Cultural Heritage".

The former is a targeted and separate regulation, while the latter is the first comprehensive regulation in my country that combines "material cultural heritage" and "intangible cultural heritage".

On November 2, 2006, the Ministry of Culture issued the "Interim Measures for the Protection and Management of National Intangible Cultural Heritage"; on February 12, 2007, the Ministry of Commerce and the Ministry of Culture jointly issued the "Notice on Strengthening the Protection of Intangible Cultural Heritage of Time-honored Brands".

On July 23 of the same year, the General Office of the Ministry of Culture issued the "Measures for the Management of Intangible Cultural Heritage Marks in China"; On May 14, 2008, the Ministry of Culture formulated the "Interim Measures for the Identification and Management of Representative Inheritors of National Intangible Cultural Heritage Projects"; on December 16, 2009, the General Office of the State Council issued the "Notice on Strengthening Central Subsidies to Local Special Funds for the Protection of National Intangible Cultural Heritage"; On February 10, 2010, the Ministry of Culture issued the "Guiding Significance of Strengthening the Construction of National Cultural and Ecological Reserves".

On November 22 of the same year, the General Office of the Ministry of Culture issued the "Notice on Strengthening Subsidy Funds for Representative Inheritors of National Intangible Cultural Heritage Projects"; On January 19, 2011, the General Office of the Ministry of Culture issued the "Notice on Strengthening the Preparation of Master Plans for National Cultural and Ecological Reserves".

In addition, since Kunqu Opera was selected into the UNESCO "Representative List of Oral and Intangible Heritage of Humanity" in 2001 (now a Representative List of Intangible Cultural Heritage of Humanity), my country has gradually established a four-level (national-provincial-city-level-county-level)"intangible cultural heritage" representative list system, thus providing institutional guarantees for the orderly declaration, protection and inheritance of "intangible cultural heritage" projects.

In addition, the China Intangible Cultural Heritage Protection Center, a national-level professional institution for the protection of intangible cultural heritage approved by the Office of the Central Institutional Establishment Committee, was established at the China Academy of Art on September 14, 2006, while the China Intangible Cultural Heritage Protection Association under the jurisdiction of the Ministry of Culture was established in Beijing on November 6, 2013.

Although from the perspective of administrative regulations and departmental rules, my country's legislative protection of "intangible cultural heritage" has become systematic, the law is still in a state of absence.

However, relevant national ministries and commissions have not stopped enacting legislation.

In September 2006, the Ministry of Culture completed the "Law of the People's Republic of China on the Protection of Intangible Cultural Heritage (Draft for Review)" and submitted it to the State Council for review.

Although the Legislative Affairs Office of the State Council immediately launched a solicitation of opinions,"due to the organization of a large number of experts from 2007 to 2008 to demonstrate civil legal protection issues, it was not until 2009 that the" Intangible Cultural Heritage Law "that removed the word 'protection'""determined the final direction., was included in a first project","Subsequently, this law, which has attracted much attention from all walks of life, entered a rapid legislative process: In June 2010, the 115th executive meeting of the State Council adopted the "Intangible Cultural Heritage Law (Draft)" and submitted it to the Standing Committee of the National People's Congress for review; in July, the National People's Congress Education, Culture and Health Committee reviewed and approved the draft; August, The 16th meeting of the Standing Committee of the 11th National People's Congress reviewed the "Intangible Cultural Heritage Law (Draft)"; in September, the Standing Committee of the National People's Congress solicited opinions from all walks of life; In December, the Standing Committee of the National People's Congress reviewed the second trial of the "Intangible Cultural Heritage Law (Draft)"."On February 23, 2011, the adjusted" Intangible Cultural Heritage Law (Draft)"was sent to the Standing Committee of the National People's Congress for the third time.

Review.

On February 25, the 19th Plenary Session of the Standing Committee of the 11th National People's Congress voted to adopt the Intangible Cultural Heritage Law; President Hu Jintao issued Order No.

42 of the President of the People's Republic of China on the same day, which will take effect on June 1, 2011." So far, my country has completed the legislative work of the "Intangible Cultural Heritage Law", but this does not mean that the legislative work on the protection of "Intangible Cultural Heritage" is over.

On the surface, the promulgation of my country's "Intangible Cultural Heritage Law" has gone through a legislative process of more than ten years, but the above points out that the legislative protection of "intangible cultural heritage" has a profound foundation for the legislative protection of "material cultural heritage." Therefore, it has been a hundred years since the end of the Qing Dynasty.

On this road, both political circles, academic circles and private people have made positive contributions to this end.

Although there are certain differences with the Cultural Property Protection Law of Japan and South Korea and other countries, especially in the use of the word "protection" and the separation and combination of "material cultural heritage" and "intangible cultural heritage", the "intangible cultural heritage" they target are the same.

In short, the legislative process of my country's "Intangible Cultural Heritage Law" has the characteristics of material first and non-material, local governments then central governments then local governments, regulations (regulations) then laws then regulations (regulations), and special projects then comprehensive.

It is separated from the "People's Republic of China Cultural Relics Protection Law" but it is consistent with the Convention on the Protection of Intangible Cultural Heritage.

Therefore, this legislative fact that has been created from scratch is conducive to my country's targeted integration with the international community and protection of "cultural diversity."

3.

The "Post-Cultural Heritage Law" era: Improvement in practice

The promulgation of "Intangible Cultural Heritage Law" laid the institutional foundation for the protection of "intangible cultural heritage" from the legislative level.

However, as mentioned above, the legislative protection of "intangible cultural heritage" and "material cultural heritage" is not two diametrically opposed institutional guarantees, on the contrary, the latter gives the former full reference and support.

In addition, in the process of formulating, revising, deliberating, adopting and implementing the Intangible Cultural Heritage Law, the legislative protection of "material cultural heritage" has not stopped.

The connection between "Intangible Cultural Heritage Law" and "Cultural Relics Law" shows from another level that "non-objects" and "objects" have a very close relationship to some extent.

Moreover, in the Intangible Cultural Heritage Law, there are many laws that clearly stipulate the protection of "objects" of "intangible cultural heritage," which is the root of the "complete" inheritance of specific "intangible cultural heritage" projects.

However, the implementation of the law does not mean that the legislative act of protecting "intangible cultural heritage" will stop-no matter whether the provincial (and prefecture-level or autonomous) administrative regions that have already promulgated the "Regulations on the Protection of Ethnic and Folk Traditional Cultures", local governments that have not formulated relevant regulations in advance are revising, improving or enacting the "Intangible Cultural Heritage (Protection) Regulations" accordingly, thus forming a top-down and orderly legal system in our country.

After the promulgation of the "Intangible Cultural Heritage Law", a number of administrative regulations and departmental rules were promulgated.

For example, the "Notice on Carrying out Intangible Cultural Heritage Inheritance and Education Activities in Off-campus Activities Places for Minors","Notice on Strengthening the Protection and Management of Representative National-level Intangible Cultural Heritage Projects","Guidelines on Strengthening the Productive Protection of Intangible Cultural Heritage","Measures for the Management of National Special Funds for Intangible Cultural Heritage Protection" and "Measures for the Management of National Cultural Ecological Reserves", etc.

Obviously, the "notices","opinions" and "measures" issued by these national ministries and commissions are legislative supplements to specific issues based on the "Intangible Cultural Heritage Law." In addition to the above-mentioned regulations or regulations directly formulated on "intangible cultural heritage", national plans or strategies since the 18th National Congress of the Communist Party of China have laid the development direction for "intangible cultural heritage" protection from the institutional level.

For example, the National Development and Reform Commission, the Ministry of Foreign Affairs and the Ministry of Commerce jointly issued the "Vision and Actions to Promote the Joint Construction of the Silk Road Economic Belt and the 21st Century Maritime Silk Road"; The Ministry of Culture issued the "Plan for Revitalization of Acrobatic Art in China (2011-2015)"Training, Study and Training Plan for the Inheritors of Intangible Cultural Heritage in China" Outline of the National Cultural Development and Reform Plan for the "Thirteenth Five-Year Plan" Period "and" Belt and Road "Cultural Development Action Plan (2016-2020)"; the Ministry of Culture, the Ministry of Industry and Information Technology and the Ministry of Finance jointly formulated the" China Traditional Crafts Revitalization Plan "; the General Office of the CPC Central Committee and the General Office of the State Council jointly issued the" Opinions on Implementing the Inheritance and Development Project of Excellent Chinese Traditional Culture "," Opinions on Implementing the Rural Revitalization Strategy "and" Rural Revitalization Strategic Plan (2018-2022)".

These documents not only play a very positive role in promoting the inheritance of "intangible cultural heritage," but also provide a policy basis for the "productive" protection of "intangible cultural heritage" to a certain extent.

Although the "intangible cultural heritage" in legislative protection has embarked on the "road of rebirth", with the continued implementation of national policies such as "targeted poverty alleviation" and "rural revitalization", the productive protection of "intangible cultural heritage" has gradually shown its advantages.

However, as an administrative law mainly aimed at cultural authorities, the Intangible Cultural Heritage Law is a minimum code of conduct to be observed in the protection of "intangible cultural heritage".

It can be seen from the existing "intangible cultural heritage" list system (ten categories) that the content involved is extremely complex, so it will inevitably be related to other laws and regulations in the process of legislative protection.

This can be seen not only from the connection between the "Intangible Cultural Heritage Law" and the "Cultural Relics Law", but also from the many social issues that have occurred (such as animal use, gender equality, community participation, etc.) and related cases (intellectual property rights, public security management, food and drug hygiene, etc.).

Because of this, the "Intangible Cultural Heritage Law" is not a one-time protection strategy.

Therefore, after its promulgation and implementation, a large number of research works on the "Intangible Cultural Heritage Law" in the general (introduction) or monographs have been published one after another.

As early as the promulgation of the "Intangible Cultural Heritage Law", Mr.

Wu Bingan put forward two important suggestions on issues such as its legal effectiveness: First, an effective mechanism for the coordinated implementation of the "Intangible Cultural Heritage Law" and other relevant laws should be established as soon as possible.

Many of the provisions clearly stipulated in the Intangible Cultural Heritage Law are related to other laws and regulations in our country to varying degrees.

Therefore, during the implementation process, it is indispensable to have a coordinated and cooperative relationship with the law enforcement departments of these laws and regulations, and establish an effective mechanism for coordination and cooperation with relevant laws has become a top priority.

Second, detailed implementation rules for this Intangible Cultural Heritage Law should be formulated as soon as possible.

Many provisions of this law are just some principled provisions.

It is not suitable for simplistic and one-size-fits-all treatment of the diverse and complex status quo of intangible cultural heritage.

It is necessary to distinguish different situations and refine, quantify or individually deal with them.

These two suggestions of Mr.

Wu Bingan are extremely cutting-edge understandings and have practical significance to this day.

The legislative problems caused by these two points have gradually become prominent.

However, since its official implementation on June 1, 2011, the connection between the Intangible Cultural Heritage Law and other laws and regulations has not yet been fully realized.

However, this situation has changed.

For example, the "Traditional Chinese Medicine Law of the People's Republic of China" was adopted at the 25th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on December 25, 2016 and will come into effect on July 1, 2017.

Article 42 of its Chapter 6,"Inheritance and Cultural Dissemination of Traditional Chinese Medicine" clearly stipulates: "If it is a representative project of intangible cultural heritage, inheritance activities will be carried out in accordance with the relevant provisions of the" Intangible Cultural Heritage Law of the People's Republic of China." "This is undoubtedly the only law that" proactively "connects with the Intangible Cultural Heritage Law since the implementation of the Intangible Cultural Heritage Law.

In addition to the connection between "laws" and "laws," more importantly, the "Intangible Cultural Heritage Law" has not exerted its due legal effect in relevant cases.

Mr.

Feng Jicai once pointed out that since the implementation of the Intangible Cultural Heritage Law, there has not been a single case of enforcement based on it, and it has even become a "dead letter" in some areas.

To this day, this phenomenon has not changed at all.In fact,"some scholars or government officials have also discovered that the legal protection of intangible cultural heritage has not yet formed a feasible institutional model, and the lack of attention and enforcement of the Intangible Cultural Heritage Law are important prerequisites for the above phenomenon to occur.", and "When we are delighted with the promulgation of the Intangible Cultural Heritage Law and its important role in regulating the protection of intangible cultural heritage, successive intangible cultural heritage incidents have become managers, protectors, Researchers and inheritors have brought many new thoughts-what role the Intangible Cultural Heritage Law plays in the trial process of specific cases; how will it be selected when it is 'inconsistent' or 'conflict' with other equivalent laws or relevant subordinate laws; and how will the Intangible Cultural Heritage Law behave when some laws and regulations are absent or insufficient to play their due role? "Thinking on the above issues coincides with the second suggestion put forward by Mr.

Wu Bingan.

In other words, the Intangible Cultural Heritage Law, which has been in force for nearly eight years, has no "Implementation Rules" to refine responsibilities, which brings many uncertainties to the effectiveness of the Intangible Cultural Heritage Law.

Therefore, although the Intangible Cultural Heritage Law is an administrative law, this does not mean that it does not require accuracy and uniformity in law enforcement.

As some scholars have said: Laws often cannot make unified provisions on the same matters.

Sometimes laws can only stipulate general principles or make general provisions, and the specific content is supplemented or specified by administrative regulations or local regulations.

Therefore, in order to ensure the unified and accurate implementation of laws, the State Council and competent departments must embody the implementation of laws so that the principled provisions of laws can be transformed into enforceable rules, and at the same time provide a normative basis for the formulation of local regulations.

Administrative regulations formulated to implement laws are often expressed as implementation rules for formulating laws.

Without damaging the principles and spirit of the law, legal provisions are clarified and concretized to enhance their applicability and operability, thereby giving implementation rules the effect of re-engineering rules.

From this point of view, although most local governments have also promulgated corresponding "Intangible Cultural Heritage (Protection) Regulations", without the country having yet issued "Implementation Rules", it is not only difficult to protect the legal effect and social status of the "Intangible Cultural Heritage Law" itself, but also difficult to be directly related to other laws and regulations, resulting in an endless stream of "Intangible Cultural Heritage" protection issues.

Therefore, more and more scholars are realizing: "my country's research on the Intangible Cultural Heritage Law is not in-depth enough.

The inheritance, dissemination, protection, legal responsibilities and related laws and regulations of intangible cultural heritage should be carefully studied to ensure that there is no conflict with each other in legal terms." And "In order to enhance the operability of the Intangible Cultural Heritage Law, a coordination mechanism with other laws should be established as soon as possible, relevant laws, regulations and rules should be formulated, and the legal system for intangible cultural heritage protection should be improved." Therefore,"the State Council should formulate detailed rules and regulations for the implementation of the Intangible Cultural Heritage Law as soon as possible; the Supreme People's Court should issue supporting judicial interpretations as soon as possible; and make corresponding modifications and supplements to other relevant departmental rules that are inconsistent with the provisions of the Intangible Cultural Heritage Law; and improvement; Strengthen local legislation and establish targeted and characteristic supervision mechanisms, etc."At the same time," necessary updates should be made to relevant legal norms, and appropriate exceptions should be set up for intangible cultural heritage projects within the allowed range to leave for intangible cultural heritage protection.

There is certain room for development." From this point of view, at a time when "intangible cultural heritage incidents" are increasing, it is a legislative principle to effectively protect "intangible cultural heritage" to precise the implementation norms and enforcement of the "intangible cultural heritage law" from the aspects of "implementation rules" and "judicial interpretation."

Legislation is a continuous process, and the implementation of its texts still needs to be unified in a more detailed interpretation of the provisions, and even its specific provisions must be deleted and revised in the process of adapting to the development of the times.

We have long entered the post-Intangible Cultural Heritage Law era, but the application of laws in life has failed to completely protect the legitimate rights and interests of certain "intangible cultural heritage" projects, especially their inheritors, thus causing trouble for the inheritance of "intangible cultural heritage" at the legislative level.

Therefore, we must pay enough attention to the relatively weak legal effect of the Intangible Cultural Heritage Law, and on this basis, add or delete relevant provisions, align with other laws and regulations, and even introduce more targeted administrative regulations or departments.

Regulations, otherwise it will be difficult to achieve the fundamental purpose of legislation to protect "intangible cultural heritage." Therefore, the post-Intangible Cultural Heritage Law era is not only an era in which laws and regulations are implemented to effectively ensure the orderly inheritance of "intangible cultural heritage," but also an era in which legal texts are continuously improved in protection practice.

conclusion

As an important part of cultural heritage,"intangible cultural heritage" not only has the same important social status as material cultural heritage, but to a certain extent, is also the behavioral support for the generation of material cultural heritage.

Although the legislative protection of "intangible cultural heritage" is later than the legislative protection of material cultural heritage around the world, with people's understanding and recognition of cultural diversity,"intangible cultural heritage" has become increasingly important, so the legislative protection of "intangible cultural heritage" has become one of the core directions of the efforts of all parties to the Convention for the Protection of Intangible Cultural Heritage.

my country's material cultural heritage protection gradually matured in the process of introducing European museums and other cultural institutions.

However, due to the limitations of the times, various laws and regulations promulgated in the late Qing Dynasty and the Republic of China on the protection of "material cultural heritage" were complex and diverse, but they were hardly effectively implemented.

Since the Republic of China, the planned large-scale collection, collation, recording, and research of folk customs (especially folk literature and traditional crafts) by the political and academic circles have largely relied on the support of cultural policies.

These policies not only have a guiding function in work, but also play a certain role in behavioral restraint, that is, they have a certain legal nature.

Academic practice targeting folk customs is not only an important foundation for the formation of the concept of "intangible cultural heritage", but also provides a rare legal basis for the legislative protection of "intangible cultural heritage".

It can be seen from the above that the legislative protection of "intangible cultural heritage" is a kind of protection behavior gradually derived from the legislative protection of "material cultural heritage", which is in line with the needs of human society for the development of "cultural diversity".

Different from the Cultural Property Protection Law of Japan and South Korea, my country's Intangible Cultural Heritage Law and the Cultural Relics Law only have legislative rules that are "connected" with each other, but they have never been truly merged into one.

It can be said that since the promulgation of the "Intangible Cultural Heritage Law", the two have embarked on a relatively independent path of improvement.

More importantly, in the legislative process of the "Intangible Cultural Heritage Law" from bottom to top and then downward (from local to central to local), although it is supported by administrative regulations, departmental rules and development plans, it continues to appear."Intangible cultural heritage cases" directly account for the weak legal effect of the law.

Therefore, as an administrative law, the "Intangible Cultural Heritage Law" must not only strengthen its own refinement, but also further align with other laws and regulations, so as to achieve the fundamental purpose of legislative protection of "intangible cultural heritage".

In short, the International Intangible Cultural Heritage Law is not only an important stage in the protection of my country's century-old cultural heritage, but also a core part of the legislative work of socialism with China characteristics.

Today's "intangible cultural heritage" protection has long been deeply rooted in the hearts of the people, and the "intangible cultural heritage law" has also played a very positive administrative role in protecting the legitimate interests of the "intangible cultural heritage" itself and its inheritors.

However, as mentioned above, legislation is a continuous process, so the shortcomings presented by the Intangible Cultural Heritage Law still have to be improved through the continuous promotion of protection practice through different groups such as legislators, managers, inheritors and researchers.

Collaboration with each other.

(The original text is published in "Heritage"(Part 1), with the annotations omitted, and refer to the original issue for details)