Improve the legislative system of natural and cultural heritage protection
September 22, 2021 08:41 Source: "China Social Sciences" September 22, 2021 Issue 2255 Author: Yue Xiaohua

Except for World Heritage,my country also has countless national and local natural and cultural heritage。But,my country's legal protection of nature and cultural heritage,There is still weak law enforcement、Insufficient judicial relief and many problems,The root cause,It is not perfect in the legislative system。Strengthen the protection of natural and cultural heritage in accordance with the law,First of all, we must improve and improve the relevant legislative system。

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my country's natural and cultural heritage legislative system mainly revolves around the world heritage、Protection and development and develop。 First,After joining the Convention on Protecting the World Culture and Natural Heritage in 1985,my country has introduced a series of regulations、Regulations。Except the "Great Wall Protection Regulations", "Administrative Measures for the Protection of the Grand Canal Heritage", "Administrative Measures for the Protection of World Cultural Heritage", "World Natural Heritage、Administrative Regulations of the Reporting and Protection Management Measures for Natural and Cultural and Cultural Heritage (Trial)、Outside of rules,Preliminary statistics of the 56 World Heritage Sites in my country have already issued a special legislative document for nearly 50 inheritances,These legislation provides goal guidance for the protection of nature and humanistic heritage、program specifications, methods and methods。

Next,Explanation of the Expansion of Operation Guide to the Implementation of the Convention on the Convention on World Culture and Natural Heritage,Natural and cultural heritage includes natural heritage、Cultural Heritage、Double Heritage of Nature and Culture and Cultural Landscape。Correspondingly,Protection of it also involves the Constitution and multiple Bet365 lotto review legal departments。Except for the direct or indirect regulations of the protective historical and cultural heritage and natural resources,Natural and humanistic ruins as part of the "environment",The environmental method system with the "Environmental Protection Law" sets the concept of protection、Frameful protection system and institutional support。Before the establishment of the national park system,my country's protection and management of nature and cultural relics mainly through the nature reserve、Scenic Scenic Area、Geological Park、Forest Park、History and Cultural City、Famous Town、Mingcun and other forms,and focus on administrative regulations such as the "Nature Reserve Regulations" and "Regulations on Landscape Famous Scenic Area"。

Last,The Cultural Relics Protection Law with the Cultural Relics Protection Law,Protecting ancient buildings and some natural relics, "Ancient vertebrate fossils and ancient human fossils with scientific value",But it mainly protects the cultural heritage of cultural relics,and a large number of cultural relics standards that have failed to meet the historical buildings scattered in various places、Construction or settlement, etc. The protection scope of the cultural relic law system is not included in the cultural relic law system。

This can be seen,my country's protection for nature and cultural heritage is before the comprehensive or specialized legislation has been introduced,The current legislation presents a three -legged situation in the system,This is prone to misplaced concepts of protection、Specifications Applicable conflict、Local repeated legislation and other situations。In the concept of protection,Whether it is the "Environmental Protection Law" or the "Regulations on the Scenery" and "Nature Reserve Regulations", both adhere to the binary purpose of protection and use,The authentic goal requirements that cannot fully meet the protection of inheritance protection,Many inheritance Bet365 app download resources are also frequently intervened or destroyed。In terms of legislative content,Most of the above legislation attaches importance to rights and obligation specifications,Legal liability specifications are relatively lacking or light regulations。This also leads to illegal acts that disrupt the world heritage,Law enforcement agencies can often be fined only in accordance with the "Public Security Management Penalty Law"。

  Adhere to the combination of the special law and relevant department law

Introduction to specialized legislation,Not only meets the needs of timely transformation of international legislation into domestic legislation,It also conforms to the current situation of the current natural and cultural heritage protection of my country。At present, the protection of natural and cultural relics in my country is worrying,Especially its essence parts -World Nature and Cultural Heritage often suffer human destruction。other,"Nature Reserve Regulations" and "Regulations on Landscape Famous Point" and other administrative regulations,Drafted by different competent departments in the past,A limit to the division of departmental interests and power divisions,and by formulating national level laws,It can make up for the standard splitting and conflict formed by the current leading legislation led by many departments,Provides the central level of the legal basis for local nature and cultural heritage protection。Through the protection concept and basic principles in special laws、Determine the standard、Protection range、Regulatory system、Public participation、Legal liability and other content specifications,is systemic、Scientific protection of natural and cultural heritage provides standardized guidelines。other,Natural Heritage as a complex of natural resources,often involves a variety of natural resources categories,Through specialized legislation,The protection of natural resources can take into bet365 live casino games account the provisions of the relevant legislation of natural resources。

It is also sufficiently feasible to introduce specialized legislation。First,There is a certain legislative foundation in my country。Administrative Regulations of the current inheritance protection、Regulations and local legislation of the World Heritage Site,All provide legislative practice materials for the formulation of the special law。Next,Many systems and mechanisms faced by natural and cultural heritage legislation,being gradually eliminated or relieved。my country's previous "Natural Heritage Protection Law (Draft)", "Draft of the Nature Reserve (Draft Draft)", "Natural Protection Law (Draft Draft Draft)", "Draft of the Draft for Natural Protection (Draft Draft for Opinions)", etc. Legislative draft,To a large extent, the administrative supervision system、Inadequate real estate rights mechanism where the inheritance is located, and many restrictions are not released in the end。According to the 2018 State Council's reform plan,Nature reserve managed by multiple ministries and commissions in the past、Scenic Scenic Area、Natural Heritage、Geological Park and other management responsibilities pass through integration,Unified National Forestry and Grassland Bureau managed by the Ministry of Natural Resources; coupled with the reform of the natural resources asset property system that is continuously promoted in my country,Gradually cleared the regulatory system and property rights。

Under the premise of adhering to the specialization of legislation,Although the concept of natural and cultural heritage is protecting the concept、There are many differences in the method,But the integrated protection of natural and cultural heritage reflects the spirit of the international treaty,It also meets the demand for actual protection。Many inheritance resources in reality are complex for cultural and natural factors,For example, natural and cultural double heritage,Conservation of it is often integrated。Therefore, bet365 Play online games it is recommended to integrate the basic value concept of natural and cultural heritage protection,A unified specialized legislation is introduced in a timely manner。Under the current situation,It can seize the legislation of the natural protection place, especially the "National Park Law" legislative opportunity,To strengthen the relevant specifications related to the protection of natural and cultural heritage resources,Lay the foundation for the introduction of dedicated legislation in the future。

  Optimized legal system design

Perform the legislative protection system of natural and cultural heritage through the principle of individualization of law,In addition to the support of a reasonable and smooth regulatory system,It is also necessary to clear the basic principles and concepts,Guide to formulate a operable legal system。

First,In terms of the relationship between the protection and utilization of natural and cultural heritage,Persist in protecting priority、To develop the principle of promoting protection。Due to the publicity of nature and cultural heritage、Scarcity and irreplaceability in value,Therefore, when there is contradiction between protection and development and utilization,We must adhere to the principle of protecting the priority。The core concept or value pursuit of protection is to protect its authenticity and integrity。

2,On the way of protection,Adhere to the principle of classification and scientific protection。Hierarchical classification protection is an important management system for international protection for nature protection.,The hierarchical partition control system of the previous nature reserve in my country also has similarities。We can learn from this experience and practice,Division of world -class in specialized legislation、National level、Local -level heritage resources stipulate the management department and protection procedures,Classified management according to the category of inheritance resources。Many heritage resources, Bet365 app download especially the protection of cultural heritage, need to rely on advanced technology,Need to abide by scientific rules and methods to carry out protection,To avoid similar protective destruction cases such as "water washing three holes",It should specify strict inheritance repair evaluation demonstration procedures,Realizing scientific protection of inheritance resources,Avoid causing secondary damage。

third,From the perspective of enhancing the effectiveness of protection,Adhere to the combination of economic incentives and responsibility constraints。Economic incentives are mainly based on the protection of natural and cultural heritage for public participation,Especially for the incentive mechanism adopted for the people of the surrounding communities。You can learn from some of the current community co -managed practice of some natural protection places in my country,and the "community -oriented preservation mechanism" based on community -centered cultural heritage protection adopted by France。By constructing the interest connection of the public participation in the protection of heritage resources or the economic incentive mechanism,Promote the protection of community participation in inheritance resources,Win -win for the protection of inheritance resources and economic and social development。

Strict legal responsibility constraints are the powerful guarantee of protecting natural and cultural heritage resources。Regulations on the lack of or weakening the legal liability terms in the current legislation,It is a direct cause of damage or damage to natural and cultural heritage resources。Increase responsibility constraints in specialized legislation,Not only the legal responsibility of the actor who destroyed or damage the inheritance resources,It is also necessary to strengthen the accountability and accountability of relevant government agencies; not only the behavior of illegal destruction or damage to the inheritance,It is also necessary to pursue the behavior of the destruction of inheritance resources due to the launch bet365 best casino games of legitimate production and construction behavior,That is the subject of the responsibility、Destruction behavior and damage consequences are specified,Provides a sound standard basis for administrative law enforcement and judicial relief。

(Author Unit: Institute of Law of the Chinese Academy of Social Sciences)

Editor in charge: Chen Jing
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