我国非物质文化遗产保护传承的区域协同立法研究

Research on Regional Collaborative Legislation for the Protection and Inheritance of Intangible Cultural Heritage in China

摘要: 当前我国已经初步建立起以《非物质文化遗产法》为核心的非遗法律制度体系。但由于我国非遗保护立法起步较晚，非遗法律保护仍存在诸多问题。非遗体系保护在面对制度分散、协调不足等情况时尤其在跨区域事务中，缺乏统一、有效的规范支撑，区域协同立法整合资源和统筹利益的现实价值日益凸显。基于此，本文拟构建系统化的非遗保护传承协同立法体制：由中央确立底线标准，地方因地制宜建构制度规则；同时，引入强制性利益共享与补偿机制；明确传承人、社会组织和企业的权责分配。从而实现文化生态的协同共生，促进区域协调发展，提升非遗保护的法治化水平。

Abstract: At present, China has initially established a legal system for the protection of intangible cultural heritage with the “Law on the Protection of Intangible Cultural Heritage” as the core. However, due to the late start of legislation for the protection of intangible cultural heritage in China, there are still many problems in its legal protection. When facing situations such as fragmented systems and insufficient coordination, especially in cross-regional affairs, the protection of the intangible cultural heritage system lacks unified and effective normative support, and the practical value of regional collaborative legislation in integrating resources and coordinating interests has become increasingly prominent. Based on this, this paper intends to construct a systematic collaborative legislative system for the protection and inheritance of intangible cultural heritage: the central government should establish bottom-line standards, and local areas should construct institutional rules according to local conditions; at the same time, a mandatory mechanism for interest sharing and compensation should be introduced; and the distribution of rights and responsibilities among inheritors, social organizations, and enterprises should be clarified. In this way, the coordinated symbiosis of the cultural ecology can be realized, regional coordinated development can be promoted, and the level of the rule of law in the protection of intangible cultural heritage can be improved.