Constructing the Judicial Protection System for Cultural Heritage in my country
September 22, 2021 08:43 Source: "China Social Sciences" September 22, 2021 Issue 2255 Author: Peng Feng

July 25, 2021,According to reports from the China Government Network,my country's World Heritage Nomination Project "Quanzhou: The World Ocean Business Center in Song, Yuan China",Through the review of the 44th World Heritage Committee meeting of the UNESCO,Successfully included in the World Heritage List。Quanzhou has reflected the outstanding port city spatial structure that radiates East and Southeast Asia with the "10 years of the Song and Yuan Dynasties of the 14th Century" for more than 300 years in the Song and Yuan Dynasties.,contains 22 inheritance points,Covering the social structure、Administrative System、Traffic、Many important cultural elements in production and commerce,great contributions to the cultural development of vast regions and waters,Become the 56th World Cultural Heritage in my country。So far,The total number of World Cultural Heritage selected in my country has exceeded 55 places in Italy,ranked first in the world。mid -to -late July 2021,Henan Province has suffered heavy rainstorm attacks in many places,Related cultural relic units densely suffered severe disasters,Some museums and archeological sites have leakage phenomenon,Henan as a province of cultural relics,is the core area of ​​Chinese civilization,The current number of non -moving cultural relics ranks second in the country,5 items with World Cultural bet365 live casino games Heritage,More than 420 national key cultural relics protection units,The protection of cultural heritage during the affected period has also received widespread attention from all walks of life。

Cooperation of the protection of international cultural heritage began in 1959 rescue work of the Egyptian Abu Xinbei Temple,Because the government of Egypt and Sudan decided to build a new dam,more effectively regulate and distribute water,Add land irrigation,Add food production,Provide more energy,Make the temple face the danger of being drowned。UNESCO calls on the international community to carry out large -scale protection operations on the temple,Finally made the temple successfully migrate。After the incident,UNESCO recognizes the importance of international cooperation,The formulation of the Convention on Protecting the World Culture and Natural Heritage (also known as the World Heritage Convention) was put on the schedule of the discussion,and passed in 1972,my country joined the Convention in 1985。As a milestone,This Convention marks the beginning of the globalization of the World Heritage Site,2003 "Convention on the Protection of Intangible Cultural Heritage" passed,To better supplement the part that the World Heritage Convention is not covered,That is to protect the invisible cultural heritage。These two conventions have laid the international legal framework and legal cornerstone for the protection of the world heritage protection.,Forms a set of common cultural heritage cultural and natural value standards,Cultural Heritage bet365 live casino games has also been recognized by countries as a "common interest of human beings"。

From the perspective of globally,Threat of the protection of World Heritage,mainly from war and armed conflict、major natural disaster、Environmental pollution、Excessive expansion tourism、Large -scale urbanization, etc.。In the famous Nuremberg trial,The Nuremberg International Military Court will identify the behavior of the cultural heritage in the war as an international crime,He also investigated his personal criminal liability for the crime of destroying and plundering cultural heritage of Alfred Rosenburg and others,Legal protection of cultural heritage during the battle is milestone。

As a special case,June 2001,The 25th World Heritage Conference was held in advance,The first to discuss the bombing of the Baman Buddha in Afghanistan,Greek observer emphasizes,It is necessary to strengthen the legal binding force of the World Heritage Convention with the concept of "anti -cultural crime",This also shows that when the UNESCO is in response to similar destruction incidents in the cultural heritage,In addition to seeking moral and political channels,The compulsory means of legal sanctions and the legal resources that prevent such destruction incidents are very limited。UNESCO said,Including the Baman Valley in the World Heritage,That is, "The extreme behavior of the international community hopes to destroy the Buddha statue is no longer happening"。other,September 2015,As the head of "Islamic Guard" Ahmed Faki Machdi,His accused between June bet365 Play online games 11 and June 30, 2012,deliberately destroy the historical and religious relics in the 10 Mali Yanbak map area,September 27, 2016,The International Criminal Court made a ruling,Jeremy Mahdi's 9 -year imprisonment,This is the first judgment made by the International Criminal Court to destroy history and religious heritage cases。

The country has obligations for the protection of world cultural heritage,In the development of international justice,Since the Hague Convention on Protection Cultural Property in 1954 ",The international community is committed to promoting more international legal responsibility,Move in difficulty。2001 Baman Buddha was destroyed,The World Heritage Committee proposes to set up "Crime of Anti -Human Common Heritage",UNESCO also preliminary confirmation of the behavior of "anti -human common heritage sin",By 2016 International Criminal Court to make the first judgment,The international judicial protection of cultural heritage is still far away。International Law needs to support each other with the domestic law of the contract,Depending on the actual national conditions of the State of the Contracting State,Follow domestic legislation,Coordination and interaction。The protection of cultural heritage needs to be adopted and promoted by international justice,Domestic judicial protection of each country is equally significant。

According to the statistics of the Jufa Network,Taking "Cultural Heritage" as the keyword,Show 2012 to the present,Civil cases in my country accounted for 69.82%,Administrative class 22.26%,Criminal category 6.72%,Executive bet365 live casino games class 1.16%,State compensation category 0.04%,The case is mainly involved in violation of trademark rights、Trademark ownership、Administrative Reconsideration、Contract disputes、Administrative Reconsideration、Copywriter ownership, etc.,Traditional civil civil、Criminal、Administrative law protection。In addition,my country can further promote the specialized judicialization of cultural heritage protection,and the public interest litigation system for constructing cultural heritage。

On the one hand,Cultural Heritage Protection urgently needs to be specialized in justice。In terms of judicial innovation,Some local courts in our country have tried to set up a special court or tour court,Ru Shanxi Provincial Senior People's Court approved the establishment of the Yungang Cultural Protection Court,Relying on the protection of Yungang Grottoes Cultural Protection、Special Court of Trial Cases of Historical and Cultural Heritage Protection Cases,Key trial cases of historical and cultural heritage protection cases and various civil dispute cases that occur in the scenic area,Trial pollution prevention at the same time、Ecological protection、Cases of environmental governance and service。The people's courts at all levels in Fujian Province have jurisdiction over the case、Establishing a Tour Court,strengthened judicial protection of culture and natural heritage,If the Historic History Trace Court of History of Licheng District, Quanzhou City is established、Fuzhou Guju and Heritage Protection Court, Fuzhou District, Bet365 app download Taijiang District, Fuzhou City、Zhangzhou Longhai Ancient House and Cultural Heritage Protection Tour Court、The Site of the Kingdom of Mins and Village, Xingtian Town, Xingtian City, Wuyishan City and the Cultural Heritage Protection Court of Cultural Heritage in Wufu Town。Qinhuai District, Nanjing, Jiangsu Province established the Cultural Relics Heritage Protection Court and Guominju Protection Court,Published a typical cultural relic protection case。It is recommended to be based on these local judicial practice,Places with certain conditions,Incorporate cultural heritage into the scope of the case of the environmental resource special court,Carry out specialized judicialization。

On the other hand,Constructing a cultural heritage public interest litigation system。In our country's judicial practice,2016,China Green Fair will sue the Housing and Urban -Rural Development Bureau of Qingjiangpu District, Huai'an City to protect the ancient residential public housing public interest litigation cases., 2017 plaintiff Green Fair and defendant Zhou Yaohe、Housing and Urban -Rural Development Bureau of Qinghe District, Huai'an City、Huai'an Qinghe District Culture, Radio, Television Press and Publication Bureau、The People's Government of Qinghe District, Huai'an City has reached a reconciliation agreement on the non -moving cultural relic case。Because cultural heritage has typical public interest attributes,belongs to "common interests of human beings",In some cases,Public interest litigation system can meet the needs of judicial Bet365 app download relief in the public interest of cultural heritage,As a traditional civil、Criminal、Supplement of the administrative litigation system。

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