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On the Protection and Development of Shaanxi Opera Art

Liu Tianli

Subject classification copyright law

Journal of Xi University of Finance and Economics

Shaanxi opera art is one of the first national intangible cultural heritages in China, and the basic conditions for declaring it as an excellent work of human oral and intangible cultural heritage have been met. However, the art of Shaanxi Opera is facing the crisis of survival and development in the contemporary era, and the protection of Shaanxi Opera is a long-term and arduous project. Therefore, to protect Shaanxi Opera, we should improve the relevant legislation, and actively explore the way of protection, inheritance and development of productive protection and market-oriented operation through government funding and policy support.

Keywords Shaanxi opera; Intangible cultural heritage; Legal protection; Productive protection

Year of writing: 20 10.

main body

Shaanxi Opera is one of the oldest local operas in China. Like Beijing Opera and Kunqu Opera, it is an important cultural heritage of the Chinese nation with a long history. The art of Shaanxi Opera originated from ancient folk songs and dances in Shaanxi and Gansu, and was named after the Guanzhong area called "Qin". Its singers use jujube as percussion instrument and bangzi as board, and Qin Yue and erhu are in harmony, which is also called bangzi tune. The art of Shaanxi Opera often requires performers to be crisp, broad and high-pitched, commonly known as roaring Shaanxi Opera. Because the interpretation of Qin opera needs to be expressed in a bold and straightforward way, it just fits the spirit of broad, generous, non-exclusive and inclusive Qin culture and is more suitable for northwest people to sing. Its performers generally have a strong local accent (mainly the local dialects in Guanzhong area of Shaanxi Province and Gansu area), which embodies the honest, frank, generous and upright character and simple, hardworking and brave folk customs.

Shaanxi, as the core area of the development of Qin culture, provides a solid cultural background for the emergence, inheritance and development of the art of Qin opera, which originated in the Qin region and has been interpreted by Qin people for thousands of years. Its singing can be divided into two kinds: joy and bitterness, and gradually formed different schools. Including the East Road Shaanxi Opera popular in Weinan area in the east of Guanzhong; Xifu Qin Opera is popular in Baoji area in the west of Guanzhong. Han tune and Qin tune popular in Hanzhong area; Qinqiang Opera in Zhonglu is popular in xi 'an. Although influenced by local dialects and folk music for a long time, these four roads of Shaanxi Opera are slightly different in pronunciation, aria and music score. However, they are all rooted in the Qin Dynasty, and they are unified with the Qin culture on which Qin people depend, in terms of facial makeup and figure (such as riding horses and picking firewood). ), make-up, stunts (spitting fire, blowing fire), rhyme (Shaanxi opera is 14 rhyme, it can be said that the roar of Shaanxi opera has become an inseparable and important part of Qin culture.

First, the existing situation of Qin Opera and its reasons

With the change of people's values and living environment, traditional art, which has developed for thousands of years, is facing unprecedented challenges while enriching people's spiritual and cultural life, and Shaanxi Opera is one of them. Taking Xi 'an as an example, the living conditions of people engaged in Shaanxi opera performances and other related personnel are poor, and the employees' wages are low and they mainly rely on the government balance allocation. The difference ratio is about 50%, and the rest should be solved by themselves. The buildings and facilities of Shaanxi Opera Theatre are seriously aging and cannot meet the performance requirements. Earning economic income through performances has long been unable to solve the life problems of actors and other practitioners; It is difficult to replace the old with the new in Shaanxi opera. The old actor retired, but the young people didn't want to come, or they couldn't stay when they came. More importantly, the main creative talents of the Shaanxi Opera Troupe, such as director, acting skills and dance beauty, are seriously out of touch, and the troupe can't create more new scripts or plays that meet the needs of modern people, which leads to serious audience loss and successive difficulties. Although the Administrative Committee of Qujiang New District in Xi City has taken some new measures to try to reverse the situation after obtaining the right to operate the relevant Shaanxi Opera Troupe, it will not happen overnight to fundamentally change the embarrassing situation of the development and inheritance of Shaanxi Opera.

Generally speaking, there are two reasons for this. First of all, the main material reasons are lack of funds, serious shortage of talents, insufficient government policy support or neglect of the inheritance and development of Shaanxi Opera. As far as Shaanxi Province and xi City are concerned, the level of local government's policy concern and support for the protection of intangible cultural heritage is low and unstable, and the special safeguard measures for Shaanxi Opera and other art forms are still in the initial stage, and there is no corresponding system at all. This deficiency is manifested in the lax control of the flexibility of the traditional art development policy and the lack of outstanding policy guidance and encouragement measures; It also shows that the financial policy support is a drop in the bucket, and the funds for the development of Shaanxi opera art are seriously insufficient.

Secondly, the cultural environment. First, great changes have taken place in the original ecological environment on which the art of Shaanxi Opera depends for its development and inheritance, resulting in the gradual weakening of the influence and support of traditional Qin culture; Secondly, the mass base of Shaanxi opera art is getting weaker and weaker, the audience is getting older and the audience level is getting weaker and weaker; Thirdly, the lack of innovation of Shaanxi Opera itself is closely related to the change of living environment and the lack of talents. The art of Shaanxi Opera is rooted in the Qin cultural environment for thousands of years, and its development and inheritance need the subject with cultural identity to exert its creative ability. However, with the change of social environment and subjective concept, coupled with the problems of system and talents, the cultural conditions for the emergence, development and inheritance of Shaanxi opera art are constantly lost. In addition, the needs of the audience are rarely considered, and the market awareness is not cultivated. Government awards are often staged, which is also an important obstacle to the development of Shaanxi opera art. The above factors are intertwined, making the inheritance and revitalization of Shaanxi opera art a huge and arduous systematic project.

Although there are many differences between Shaanxi Opera as a traditional art form and a new cultural form, it is absolutely necessary and feasible to consider bringing it into the scope of intangible cultural heritage protection in China through legislation. This paper mainly focuses on the analysis and identification of the intangible cultural heritage of Shaanxi opera, and seeks the protection and development countermeasures of Shaanxi opera art within the framework of relevant international conventions on the protection of intangible cultural heritage and existing laws, regulations and systems recognized by China.

Second, the analysis of the intangible cultural heritage of Shaanxi Opera.

China's laws, regulations and policies on the protection of intangible cultural heritage appeared late. According to Article 2 of the Interim Measures for the Application and Evaluation of National Intangible Cultural Heritage on May 4, 2008, intangible cultural heritage refers to various forms of traditional cultural expressions (such as folk activities, performing arts, traditional knowledge and skills, and related instruments, objects, handicrafts, etc.). ) is passed down from generation to generation by people of all ethnic groups and is closely related to people's lives. Its specific evaluation criteria are as follows: (1) It has outstanding value to show the cultural creativity of the Chinese nation; (two) rooted in the cultural traditions of the relevant communities, handed down from generation to generation, with distinctive local characteristics; (3) It has the functions of enhancing the cultural identity of the Chinese nation, enhancing social cohesion, and promoting national unity and social stability, and is an important link for cultural exchanges; (four) excellent use of traditional skills, reflecting the superb level; (5) It has the unique value of witnessing the living cultural tradition of the Chinese nation; (6) it is of great significance to maintain the cultural heritage of the Chinese nation, and at the same time it is in danger of disappearing due to social changes or lack of protective measures. Meet the above conditions is the intangible cultural heritage in the legal sense, but before that, on May 20th, 2006, the State Council announced the first batch of 5 18 national intangible cultural heritages, including Shaanxi Opera.

Of course, from an international point of view, the world intangible cultural heritage is mainly restricted by the conditions stipulated in the evaluation rules of outstanding works declared by UNESCO as oral and intangible cultural heritage of mankind (hereinafter referred to as the rules). The rules specifically stipulate that the entries should have the special value of outstanding works that reflect the genius of human creation, and the special value of the entries should be confirmed from the following aspects. 1, or a concentrated expression of intangible cultural heritage with special value. 2, or in history, art, ethnology, sociology, anthropology, linguistics and writing have special value of folk traditional cultural expressions. 3. In order to be declared as an excellent work of human oral and intangible heritage by UNESCO, the declared cultural space or cultural expression must also meet the five conditions of "UNESCO declaring an excellent work of human oral and intangible heritage". So this application should be: 4. Explain that it is deeply rooted in cultural traditions or related community cultural history. 5. It can be used as a means to affirm the cultural characteristics of people and related cultural groups, which has important intellectual reference and exchange value, promotes the closeness of various ethnic groups and social groups, and plays a role in cultural and social practice for related groups. 6. Ability to develop skills and improve technical quality. 7. It is the only witness value of modern tradition. 8, due to the lack of rescue and protection means, or the acceleration of evolution, or the intensification of urbanization, or to adapt to the influence of new environment and culture, it is in danger of disappearing.

Judging from the above-mentioned basic characteristics of intangible cultural heritage, as a traditional folk opera art in China, Shaanxi Opera not only meets the requirements of China's national intangible cultural heritage declaration, but also meets the basic requirements of UNESCO's intangible cultural heritage declaration. Intangible cultural heritage should have two basic characteristics: immaterialization and liveliness. The "immaterialization" of intangible cultural heritage is mainly manifested in its creative activities and crystallization in the spiritual field, and its existence and continuation are mainly accomplished through oral teaching; Rather than saying that this cultural heritage has no material carrier and manifestation; As an intangible cultural heritage, so is the art of Shaanxi Opera. Living shows that intangible cultural heritage is essentially a living, flowing and changing culture. We should understand intangible cultural heritage from a living perspective, even if it has disappeared or partially materialized.

First of all, Shaanxi Opera is immaterial, which is related to the modern Shaanxi Opera in the form of scripts. Shaanxi opera script is the realistic material expression of ancient Shaanxi opera art and the material carrier of the spiritualization of Shaanxi opera art. Exploring the copyright protection of Shaanxi opera script cannot and should not exclude the protection and inheritance of Shaanxi opera's original right (that is, cultural right). Similarly, it should not be considered that the materialization of the artistic content of Shaanxi Opera to a certain extent leads to the complete materialization and stillness of the existing form and inheritance mode of Shaanxi Opera, or the loss of spiritual value. After all, Shaanxi Opera as an art is not exactly the same as the script as a work. As a cultural heritage, the art of Shaanxi Opera is more about the cultivation and experience of the inner spirit of working people, the crystallization of creative behaviors such as wisdom or thinking, and it is intangible. It can be circulated and widely recognized by the society. In addition to being preserved in the form of material scripts, the deeper reason is that the spiritual value of Shaanxi opera art is deeply rooted in the community or folk cultural environment in which it exists, and has reached a certain height with the ideology of working people, meeting the spiritual and cultural needs of a certain range of people, thus being sung and widely circulated in various forms such as oral. Therefore, what can really be declared as intangible cultural heritage can only be the original intangible Shaanxi opera art, not the processed materialized works. The protection, inheritance and development of the original ecological intangible Shaanxi opera art is a systematic project, which requires comprehensive protection of the art itself and the surrounding community environment. On the contrary, materialized works come from the original ecological art, but they are relatively independent and can be protected and developed through the existing intellectual property system.

Secondly, the vividness of Shaanxi Opera lies in that it is a "living" cultural heritage, which is constantly developing and innovating in the environment it relies on; It is a "living" deduction in concrete time and space, not a static "dead" solid matter. The art of Shaanxi Opera originated in the northwest of China thousands of years ago, deeply rooted in the culture of Qin people and places, and is an important part of Chinese culture. This art form drives and creates splendid ancient political civilization and rich regional culture; Its inheritance is a unique witness and reappearance of ancient civilization, which is unique; It has special spiritual and cultural value for the northwest and even the Chinese nation; Due to historical or practical reasons, the modern social environment has a gradual decline trend; Therefore, we should apply for the protection and development of Shaanxi Opera as the oral and intangible heritage of human beings. The scripts, props, stages, costumes, props, musical instruments and images of Shaanxi Opera are the material wealth created in its development process, which is static to some extent, but this does not hinder the continuous development and inheritance of Shaanxi Opera art itself as a living spiritual culture.

Third, some suggestions on the protection and development of Shaanxi Opera.

Based on the above introduction and analysis, we can know that: in fact, the realistic state of Shaanxi opera is really not optimistic, and there are many difficult factors in its development and inheritance, which are intertwined; At the legal level, at present, people often can't unify Shaanxi Opera and legal protection, but they don't deny that there is an objective close relationship between them, but there are defects or deficiencies in the cognitive level; On the economic level, Shaanxi Opera has always been regarded as the development of cultural undertakings, that is, Shaanxi Opera was supported and managed by the government in the past, which is inconsistent with the environmental conditions for the emergence, existence and even development of Shaanxi Opera. Therefore, can we change a way of thinking under the conditions of market economy, so that Shaanxi Opera can return to its living environment to a certain extent, try to develop in a certain degree of marketization, inherit and develop by means of production, so as to protect Shaanxi Opera in its development and make it through this new exploration?

(A) improve the local legislation of Shaanxi opera art as the protection of intangible cultural heritage.

As an intangible cultural heritage, Shaanxi Opera is a precious and non-renewable cultural resource, and its protection is the inheritance and development of ancient Qin culture. Needless to say, legislation is a long-term and stable way of protection, which meets the basic requirements of protecting intangible cultural heritage and needs to be done from generation to generation. However, it is neither feasible nor economical to protect the opera art such as Shaanxi Opera through the state, and local governments can formulate local legislation in line with the characteristics of the region. As far as Shaanxi Opera is concerned, local legislation should clarify the scope, subject, object and content of protection of Shaanxi Opera as an intangible cultural heritage. Establish the inheritance system of Shaanxi opera art, and stipulate the selection, management and other related procedures; Establish Shaanxi Opera Art Protection Fund and set up special protection and development institutions; Establish reward and punishment measures to truly bring the protection of intangible cultural heritage of Shaanxi opera into the legal track.

(2) Exploring productive protection is the best choice for the protection and development of Shaanxi Opera.

Productive protection was put forward by Wang Wenzhang, vice minister of culture, president of China Academy of Art and director of China National Intangible Cultural Heritage Protection Center, in the preface of his book Introduction to Intangible Cultural Heritage. Simply put, the protection of intangible cultural heritage should not be rigid passive preservation, but should be introduced into the contemporary industrial system without violating its inherent laws of survival and development and its own operation mode and distorting its natural evolution trend, so that it can be actively protected in production practice. The protection of productive way is not simply to take the road of industrialization development, but to avoid the development of productive protection simply pursuing commercialization, and to avoid making it simply tourism, performance and commercialization without considering its social connotation and social ecological environment. This kind of production is not only simple material production, but also the production of people's own spiritual and cultural identity and innovation, especially to return the intangible cultural heritage of Shaanxi Opera to its original ecology and realize organic renewal.

It is passive to protect intangible cultural heritage such as Shaanxi Opera through legislation. We should explore and refine the cultural elements of Shaanxi Opera, and realize the inheritance and development of Shaanxi Opera by means of production. For Shaanxi Opera, simple legal protection is extremely unfavorable to its inheritance and development, and it will only destroy this art statically and passively, which obviously runs counter to the dynamic characteristics of Shaanxi Opera. The article believes that:

1. Productive protection needs to maintain the humanistic and ecological environment on which Shaanxi Opera depends.

Because the survival and development of Shaanxi opera depends on the external specific original ecological environment and has the characteristics of non-independence, it is unrealistic to talk about inheritance without this environment. Any form of folk art, including Shaanxi opera, was born in a certain cultural ecology or cultural tense. Although it is impossible for us to restore the cultural tense, we can make this kind of culture and art organically live in the lifestyle of contemporary people with the help of people living in a certain area. As far as Shaanxi Opera is concerned, when we protect its artistic form, we should protect its related ecological elements as much as possible, such as a certain region, a certain production and life style and even a certain ideological concept and thinking paradigm, which requires that the traditional rural cultural ecology with core values inherited by Shaanxi Opera should be kept intact, and villages or specific areas with special values should be dynamically and integrally protected. Of course, the pace of social development is bound to gradually weaken the shackles of the original region, culture and even ideas in a certain range, which requires us to constantly update the external form and content of Shaanxi opera art and maintain the inheritance of internal cultural values. For example, if the performance form of Shaanxi Opera is modernized through animation, new words can be filled, but its core Qin culture and local flavor should be preserved in singing and deduction. At this point, the preliminary planning of the Zhejiang Provincial Department of Culture focuses on the development of a number of folk art ecological protection zones such as the Yue Opera Art Protection Zone in Ganlin Town, Shengzhou, which is worth learning and learning from.

2. Productive protection needs the organic renewal of Shaanxi Opera.

The way of organic renewal is to find a balance between change and invariability in the protection and development of Shaanxi opera art. The so-called change refers to the external expression of Shaanxi opera art, which can be realized through stage performances, movies and television. The content of singing, such as lyrics, should be constantly changing with the development of contemporary society and the changes of mass production and life. The so-called invariability refers to the cultural identity and tradition of the core of Shaanxi Opera, and the original ecological environment on which Shaanxi Opera is produced and developed remains unchanged. Some intangible cultural heritages can only live in a certain region, and only in a certain region can they show their artistic charm, as is the case with opera arts such as Shaanxi Opera. It is necessary to truly, dynamically, integrally and sustainably protect the traditional cultural expressions and resources handed down from generation to generation in Qin Dynasty and closely related to people's lives, maintain the original ecological environment of Shaanxi opera art, and form a benign folk art protection mechanism. Organic renewal refuses to be divorced from the creation and change of the original ecological environment, emphasizing that art is life and comes from the basic standards of life; Refuse to change the art of Shaanxi Opera by overthrowing and rebuilding, such as complete commercialization or industrialization, so that it loses its cultural identity and spiritual value.

3. Productive protection can market Shaanxi Opera to a certain extent and inject new development impetus into it.

We can make use of the advantages of cultural tourism resources of Qin culture in Qin area to provide a good platform for the market-oriented development of Qin opera art. First, we should extensively absorb social funds to participate in the protection and development projects of Qin opera art, and accept donations from all walks of life through the establishment of foundations to provide follow-up financial support for the development of Qin opera. Secondly, the mode of marriage between opera and enterprises can be adopted, in which enterprises invest in Shaanxi Opera and, with the help of certain commercial means, give incentives to Shaanxi Opera artists in terms of funds or treatment, as long as the government gives preferential policies and regulations. Third, encourage all sectors of society to participate in the training of Shaanxi opera talents. Through art training, music and opera teahouses and other modes, we can give Shaanxi opera lovers room to develop their activities, and also give them some appropriate subsidies to increase their enthusiasm, so as to popularize Shaanxi opera art more widely and cultivate audiences. Fourth, encourage the establishment of folk self-help music classes in rural areas, encourage creation by providing economic incentives, participate in folk performances, allow a certain performance fee plus government subsidies, and improve the enthusiasm of folk artists. Fifth, the relevant government departments can do some organizational work, administrative support and sponsorship, and recommend excellent plays to become representative works of Shaanxi opera culture inheritance.

Combining excellent consciousness with non-excellent consciousness to develop Shaanxi Opera.

(3) The support and encouragement of government policies is an important part of protecting and developing the art of Shaanxi Opera.

Compared with the law, the policy is more flexible and efficient. By making low-level normative documents, we can provide a comprehensive guarantee for the protection and inheritance of Shaanxi opera art. The road of productive protection of Shaanxi opera certainly needs to conform to the fundamental spirit of the law in basic principles and rules, but it is difficult to grasp the balance between change and invariance in specific operations. This requires government agencies to define the basic direction of productive protection of Shaanxi opera through specific policies. It is impossible for Shaanxi opera to be completely industrialized and marketized, but it is also impossible to completely return to its original ecology. Therefore, the guiding function of government policies should play a guiding role. For example, if we want to push the Shaanxi Opera to the grass-roots community and return to its relatively primitive existence environment, it can't be done by legal coercion, otherwise it will be counterproductive. On the contrary, if we adopt an incentive policy and give flexible support in terms of funds, personnel and places, we may achieve unexpected results through active guidance. At the same time, we should pay attention to the cultivation of talents, starting with dolls, and we can set up Shaanxi Opera art elective courses in some primary schools with appropriate foundations, or introduce this course into students' study at all stages; Give certain living allowances or subsidies to special talents; Those who are keen on engaging in the art of Shaanxi Opera should be given some financial support and training.

(4) Strengthen the identification and protection of the inheritors of Shaanxi Opera, and give full play to their positive role in spreading the art of Shaanxi Opera and cultivating the inheritors.

At present, the identification of the inheritors of Shaanxi opera art has begun, but it is far from enough to give full play to their positive role. First of all, we can send a message through the identification process, that is, the government encourages everyone to make their own efforts in the protection and development of Shaanxi Opera. Secondly, these inheritors should be given certain material and spiritual rewards to meet the basic needs of rational economic people under the market economy and be easily recognized. Third, give some preferential policies and government subsidies to the inheritors, encourage them to spread the art of Shaanxi opera, and cultivate talents within their ability. Fourthly, establish the system of identifying the inheritors of the promotion and demotion, deny the system of lifelong tenure or the system of government incentives and subsidies, and save funds for the development of Shaanxi Opera. The inheritors of Shaanxi Opera are important wealth for the inheritance of Shaanxi Opera, but whether this inheritance can continue depends on the cultivation of the next generation of Shaanxi Opera talents.

summary

Shaanxi Opera, an ancient drama, is an important part of China's intangible cultural heritage, but its survival and development are facing many difficulties. Protecting and developing it is a prudent and rational attitude towards national culture. It is necessary to protect the art of Shaanxi Opera from the perspective of legal objects, and it is also the trend to protect intangible cultural heritage such as Shaanxi Opera. It is hoped that this national cultural heritage can be saved through the government's support and the productive protection and development of Shaanxi opera art itself to a certain extent, but the core of this inheritance should be the cultivation of talents and cultural identity, mainly through the above-mentioned funds, policies, ecological environment, awareness cultivation and so on.