民间表演艺术法律保护的多维性探析

Multi-dimensional Research on the Legal Protecting to Folk Performing Art

民间表演艺术是群众基本文化权的重要实现形式,是文化多样性的最直接体现,获得法律保护是自然法的价值要求。民间表演艺术创立者及传承者权利是一项独立新型的权利,遵循普遍法则,以追求"善"为目的,被法律保护是法的正义体现。民间表演艺术属于高级艺术,具有更高艺术价值,法律对之进行更全面保护符合法律价值选择。民间表演艺术的文化经济属性,通过价值评估确认,经济权是民间表演艺术法律关系的内容。多维认识法律保护民间表演艺术的意义是"五位一体"保护的基础。

Folk performing art is an important form to realize the people's basic cultural rights and the most direct embodiment of cultural diversity. It is the requirement of natural law's value to be protected by law. Following the universal law,the performer's right of folk performing art is an independent new right,and its purpose is to pursue good. Being protected by law is the justice reflection of law. Folk performing art belongs to advanced art and has higher artistic value,which being protected more comprehensively is in accordance with the choice of law value. Cultural and economic attributes of folk performing art are assessed and confirmed by the value. Economic right is the content of the legal relation of folk performing art. Knowing multidimensionally the meaning of legal protection on folk performing arts is the foundation of 'five-in-one'protection.