少数民族民间文学艺术法律保护研究

贵州省是少数民族大省,少数民族文化丰富多彩。当前贵州省少数民族民间文学艺术保护的法律法规体系呈现公法“纵横交错”的格局,但却存在私法保护严重不足、知识产权法律无法全面覆盖传统少数民族民间文学艺术等缺憾与不足。新时代背景下,应坚持依法治国,以科学立法为目标,总结贵州省少数民族民间文学艺术法律保护的现有问题。据此提出建立完善以民法为主结合其他特别法的私法保护体系,提高地方立法的可操作性,增强权利主体意识等改进措施。

Study on legal protection of ethnic minority traditional literature and art: a case of Guizhou Province

Guizhou Province has been a large province of ethnic minorities, and its ethnic minority culture is rich and diverse. At present, the legal system for the protection of minority folk literature and art in Guizhou Province presents a pattern of “intertwining” in public law. However, there are some shortcomings and deficiencies in that the protection of private law is far from being enough and intellectual property law cannot fully cover the traditional minority folk literature and art. The rule of law should be adhered to under the background of New Era. Aiming at scientific legislation, the existing problems are summarized concerning the legal protection of minority folk literature and art in Guizhou Province. Some improvement measures are put forward accordingly, such as establishing and perfecting the protection system of private law with civil law as the main body and other special laws, improving the operability of local legislation, and enhancing the awareness of the subject of rights.