The Important Spirit of the Convention for the Safeguarding of the Intangible Cultural Heritage and Its Enlightenment for Improving China's Intangible Cultural Heritage Legal System Construction
Date：2024/04/20 14:09:50
Editor's Recommendation:
To commemorate the 20th anniversary of the
adoption of the "Convention for the Safeguarding of the Intangible
Cultural Heritage," Professor Wang Yunxia, the holder of the UNESCO Chair
on Cultural Heritage Law, published an article in "China Intangible
Cultural Heritage," proposing that the principles and measures of
respecting the rights and interests of intangible cultural heritage holders
reflected in the "Convention" should be integrated into China's legal
system construction for intangible cultural heritage.
Abstract: Respect for the rights and
interests of intangible cultural heritage holders is an important spirit
contained in the UNESCO Convention for the Safeguarding of the Intangible
Cultural Heritage and other fundamental documents. Since joining the Convention,
China has made significant achievements in the legal construction of intangible
cultural heritage, but there are still issues such as insufficient protection
of the rights and interests of intangible cultural heritage holding groups and
representative inheritors. It is necessary to establish the principal position
of holding groups in the revision of the Intangible Cultural Heritage Law of
the People's Republic of China and related legal system construction, further
strengthen the protection of the rights and interests of representative
inheritors, pay attention to the balance of interests between them, and
establish a mechanism for the acquisition and benefit-sharing of intangible
cultural heritage between holding groups and external users and developers.
This aims to better mobilize the enthusiasm of all parties to protect and
utilize intangible cultural heritage, and achieve co-governance and sharing in
the protection and inheritance of intangible cultural heritage.
Keywords: Convention for the Safeguarding
of the Intangible Cultural Heritage; Intangible Cultural Heritage Law; Rights
and Interests Protection; Benefit Sharing
This article is published in "China
Intangible Cultural Heritage" 2024(2). The original text can be found at https://mp.weixin.qq.com/s/9qzmm9ssD_Mir3oM5aMJgA.
This article is modified based on the
author's speech at the Chengdu Forum of the 8th China Chengdu International
Intangible Cultural Heritage Festival, and the main body of the third part was
published in "Legal Daily" (June 14, 2023), with the title
"Strengthening Systematic Protection Requires Legal Protection."
Author:
Wang Yunxia, the professor at the Law
School of Renmin University of China, the distinguished professor at Minzu
University of China, the holder of the UNESCO Chair on Cultural Heritage Law.
Her main research interest is cultural heritage law.
