Traditional Chinese medicine heritage protection

to protect the content refinement

healthday

China's traditional Chinese medicine academy of sciences YiShi Chinese literature research institute LiuChangHua

At present, Chinese medicine as intangible cultural heritage should be protected and the idea has been accepted by people. However, China promulgated the national representative list is just all of the protected project name list, in practice there will still be what content of the project should be protected. Therefore, for of the listed projects to develop detailed files, is the current directory protection needed to resolve a problem.

The premise of the protection into list only

February 25, 2011, the end of the last ten years the legislative process, the intangible cultural heritage method "(hereinafter referred to as" the testament law) approved by the National People's Congress, the standing committee session 19 meeting voting through all, and in June 1, 2011 implementation. "The testament law of the People's Republic of China and implementation in the BaoHuShi left on a landmark.

Our country "the testament law under article 3, will" save "list for" determination, keep records, measures such as ", will "protection" list for "inheritance, and media measures". This rule would actually the convention defines a set of "protection" measures to decompose, but is mainly aimed at protecting the definition and classification, including preservation is in our country, to all the testament is mainly for good protection of the left.

According to the protection of the intangible cultural heritage convention, the provisions of article 12, compiled list is the convention particular obligations of the member states, national a level set up to protect the purpose of the list, which should be compiled list "perspective of the protection of". Once confirmed that the list of national intangible into the project, the member can begin to list the implementation of the project protection program. Therefore, only accurate, complete project, to define the testament protection measures will carry out. List itself is not protective measures, but safeguard measures of premise. The convention, the provisions of article 11 requirements by community member should, groups and non-government organization involved in the confirmation and define the territory of various not testament project. Therefore, to deal with countries confirm, social participation confirm the testament project entity and procedure of law.

Research and for first consider problems keep

Use legal method into the left after confirm list, UNESCO think research and LiDang is the first consideration should be given to the strategic question. Visible, research is the foundation of LiDang work, LiDang is the concrete embodiment of research results.

At present our country national representative list released only each project is the name of the list, and no details of each project. Therefore, in practice is still there will be "protection" what problem, that is, the list of the project, the project after exactly what content is protected. Therefore, for of the listed projects to develop detailed file that is LiDang, is the current directory protection problems needed to resolve.

In fact, declare included in the list of national representative projects in the process of material has been submitted to provide the basis for LiDang information requirements. According to the law of article 19 of the testament, recommend on the national du shall be submitted to the following data: project project, including the name of the project is introduced, and the history, present situation and value; Inheritance introduced, including inheritance scope, inheritance and inheriting the people skills pedigree and inheriting the activity level of social impact; Protection requirements, including protection should achieve and shall take measures and steps, management system; Helps to explain the project materials such as audio-visual material.

Based on the LiDang strategic understanding, UNESCO puts forward the testament of the project LiDang elements, mainly in the following several aspects: the project status, including the name, summary, place the geographical area, etc.; Program features, including tangible elements, intangible factors; Status of the project mainly refers to the vitality of the project, or survival ability; Project of the people involved and institutions, etc.

Therefore, according to the convention for the protection of the requirements of the list and "of our country and the testament law" regulation, the UNESCO put forward for reference the elements of the urgent need to study the current guidelines, LiDang technical problems, and that the establishment of the list of the "list", otherwise the law of protection of the testament goals and measures will become the castles in the air.

According to different rules established project creates file

As for traditional medicine project to LiDang, first is a technical problem, should use of traditional medicine specialized technical methods, as well as information technology, modern means of science and technology, LiDang and establish corresponding solving classification of LiDang standards. LiDang is testament to the holder is not off of their own content, is also confirmed the future legal protection scope the important basis.

Traditional Chinese medicine containing the Chinese special values, ways of thinking, imagination and cultural consciousness, in its long history of inheritance, forming the unique cognitive thinking, diagnosis and treatment methods, drug use technology, etc. In Chinese medicine, for example, although the traditional Chinese medicine since modern times, however the discrimination and questioned the development with its unique style still stand tall in folk medicine tries; In other traditional medicine a shrinking the withering century, Chinese medicine still stubbornly their characteristics and advantages, and comes from the western modern medical hands in photograph reflect, its roots in traditional Chinese medicine for life and the disease awareness and the cognitive method unique, with the wisdom of the Chinese traditional culture. So, for the traditional medicine is concerned, we should focus on the core idea of mining contains core and cultural value. In general, the traditional medicine of the project LiDang should include three aspects: one is the core of the project concept and the necessary forms, 2 it is project involves the physical, three is the project need cultural space. LiDang should reflect the authenticity of the project, the integrity and heredity. LiDang project categories according to specific content in different design.

In traditional Chinese medicine program, for example, involved in the project such as "tong time-honored Chinese medicine culture", its protection is not only related to the core idea of TCM culture, also shall include the concrete forms, such as the traditional mode of operation, the production, the traditional with traditional process, including medicinal materials, processing technology, etc. To identify Only when these aspects, the integration of the inheritance can be sure the TCM culture tong in today's society vitality. And as such as the items of the skills of palasy, their protection content ought to ZhengGu skill and related instruments for key drug. In a word, should according to different types of projects, set up different LiDang rules, and then choose different protection to targeted mode.

As the UNESCO stated, list itself is not protective measures, directory compiling and project implementation of protection LiDang are the premise. Traditional Chinese medicine the testament of the project is LiDang first list of professional technical problems, such as the project specialized standard, project information structure and coding, etc. Second is the legal protection. But if from the perspective of the protection of LiDang list and, the interconnectedness between, from the legal protection to design the list and LiDang Angle, making the target rules more targeted to future, the implementation of the protection measures; And with professional technology as the foundation, the design of the legal system to more operational.