论民间表演艺术集体表演者追索权

On Folk Performing Arts Group Performer's Right of Pursuit

民间表演艺术集体表演者追索权是增益权,具有属人性、有限性、增值性特点。该权利存在有其法理基础与经济利益考量。世界现有的该权利的立法国多数是大陆法国家,少有英美法国家,国际条约也有折中性确定。中国特色民间表演艺术集体表演者追索权制度的建立,是民族文化利益的公平、公正分享及保护国际文化交流正当权益的时代要求。

The folk performing arts group performer＇s right of pursuit is the right to gain,which has such features as human nature,limitedness,value-adding.Its existence has its legal basis and consideration of economic profit.Most of countries having this legislation in the world are civil law countries,but very few common law countries,international treaties that compromise by the establishment.The establishment of folk performing arts group performer＇s right of pursuit with Chinese characteristics is the demand of equality of interests and sharing of their legitimate rights of the national culture,and the protection for international cultural exchanges.