The 20th National Congress of the Communist Party of China proposes to "strengthen cultural self -confidence" and "inherit the excellent traditional culture of China"。Cultural Heritage as an excellent traditional cultural carrier，Become the keywords in the "national tide" fever and Wenbo heat in recent years。In order to better protect、Inheritance、Use the excellent cultural heritage of the Chinese nation，Fully guarantee the public approach、Enjoy the basic cultural rights of cultural heritage，The cultural heritage legal system of the new era，can be based on existing legal system，Turn towards refinement、Pushing for the redundant and complicated stage。You can start with the following three relationships。

First，Focus on the coordination of standardized and external specifications bet365 Play online games in the field of cultural heritage law。Especially with the provisions of other physical and procedure methods，According to social practice needs，Modify or create legal specifications in time。For example，The Cultural Relics Protection Law has not established a public interest litigation system to date，It is difficult to connect with the relevant system in the Civil Procedure Law and the Administrative Procedure Law。my country's first cultural heritage charity lawsuit -Henan Magu Village case occurred in 2016，At that time, the plaintiff could only file a civil public interest lawsuit in accordance with the Civil Procedure Law and the Environmental Protection Law，The physical law that supports plaintiff claims requests is based on Article 2 of the Environmental Protection Law.。

and 2017，Article 26 of the newly revised Administrative Procedure Law establishes a system for the prosecutor's administrative public interest litigation when the procuratorial organs are damaged in the state or social public interest。All pilot provinces and cities quickly emerged bet365 best casino games in cases of a large number of procuratorial organs conducting cases of cultural heritage procuratorial supervision and administrative public interest litigation。This work has also become one of the key tasks after the procuratorial function of my country's procuratorial organs in recent years。At the end of 2020，The Supreme Procuratorate released 10 typical cases of public interest lawsuits for cultural heritage protection and held a press conference，Explain the significance of the system。but but，Procuratorate still needs to bypass the laws such as the "Civil Code" and "British Law" and other laws that are indirectly associated with cultural heritage。The latest edition of the "Cultural Relics Protection Law (Draft Draft" (Draft for Solicitation) released by the State Administration of Cultural Relics in 2020，Establish a system of cultural relics and public interest litigation system。The draft has been included in the legislative plan in 2022，It is expected to be announced in the newly revised "Cultural Relics Protection Law"。"Cultural Relics Protection Law" can only follow the process order method in time，Establish a public interest litigation system，can we meet the urgent needs of judicial practice。

As for whether the environmental code that has been put on the legislative agenda should continue to use cultural heritage as its protection object，It is also a very challenging theoretical problem。If you still adopt an open type to list the "humanistic relics、Scenic Scenic Area、​​City and the Country "expressing，In the protection object, it will inevitably overlap with the "Cultural Relics Protection Law"，Washing of legislative resources，Causes confusion in the legal system。and natural ecology and cultural ecology，In the protection method、Filtering standard、Lost relief and other aspects are obviously different。other，"Green Principles" in "Civil Code" when the cultural heritage protection object in culverts and interpretation of environmental laws，quite far -fetched。Natural ecology emphasizes "green"，and the cultural ecology Bet365 app download emphasizes diversity。This requires the "Civil Code", "Cultural Relics Protection Law" and environmental codes to modify and establish a normative expression，to clarify the relationship between them，To realize the integration of the legal system。

2，On the basis of maintaining existing public power，Continue to increase the protection of the relevant rights and interests of the private subject。For a long time，my country's cultural heritage protection all emphasizes the national protection and management of cultural heritage。From the "Cultural Relics Protection Law", "Intangible Cultural Heritage Law" to the "Regulations on the Protection of the Famous Villages and Villages of History and Culture,"，The content of its norms is mostly prescribed administrative rights、law enforcement rights and punishment rights。Most of the cultural heritage rights of the private subject lack specific protection measures，Specific expression Multi -use encouragement words，Focus on the obligation to stipulate the public to protect cultural heritage。

According to Article 253 of the Civil Code, "the law stipulates that the law belongs to all the cultural relics of the state，belonging to the country owned "，Combined with Article 246 "The law stipulates all the property of the state，It belongs to the country owned by all the people。State -owned property exercise ownership by the State Council on behalf of the State "，It can be seen that all the cultural heritage of the state belongs to the whole people，Is a typical public property。Public objects should maintain public state。But in practice，my country's public cultural heritage mainly appears in the daily public museum exhibition，It is difficult for the public to obtain open source cultural heritage image resources in cultural institutions。

In addition to actively investing in the public museum business，Ensure that the people's approach and enjoyment of the public cultural heritage in the process of exhibition，It also needs to respond to digital needs of the Internet era，Digital copy of the museum collection、Login work，Open source of data on digital cultural Bet365 lotto review heritage，Promoting the inclusive sharing of its digital rights among the people。December 8, 2022，The world's first blockchain -based digital cultural heritage open -co -creation platform was officially launched，Established a typical benchmark for the realization of digital rights of public cultural heritage。The overall authorization of the IP of the Public Museum，You should also try to avoid absolute authorization methods，Give the ability to develop a private body with equal openness。The "Forbidden City Cultural and Creative" in 2018 because the two legally authorized stores each claimed that their lipsticks were the so -called "genuine"，Treatment of network attention。This reflects the chaos of the museum's public cultural heritage resources in authorization。Legically，Cultural Heritage as a public property，Whether it is its image or name -related derivative rights，It should not be exclusively exclusively by any private subject。

For private cultural relics，You can explore the establishment of a private cultural relic compensation system，Active and clarified the right to private cultural relics，Eliminates the administrative power of cultural relics to interfere with the ownership of private cultural relics。owner of a private cultural relic building rated or logged in by the state，Technical guidance for repairing and maintaining cultural relics should be given，and material and capital support。The existing approach is to fulfill the repairs and maintenance obligations by everyone，Give help with the ability of no repair。But in reality, the professional ability and financial resources of many old architecture owners are not enough to repair and maintain cultural relics。2012，A historical and cultural village in Zhejiang has occurred in a historical and cultural village in Zhejiang.，In the case of no help from the cultural relics department，Cases that are arrested by the crime of destruction of cultural relics。

other，Only let the public integrate into the cultural heritage，can cultural heritage be active。In bet365 Play online games recent years，Some domestic cultural heritage sites legislation in the construction of public participation norms，With a long progress，It has demonstration significance。For example, the "Regulations on the Protection of Gulangyu World Cultural Heritage in Xiamen Economic Zone" will "respect the legitimate rights and interests of the right holder of cultural heritage"，"Protect the right to the development of community residents，Realization of value sharing "is listed as its protection principle。The regulations not only declare the inheritance and use of the public to participate in cultural heritage，Also to some of the outstanding inheritances、Use behavior，It stipulates that the government's legal obligations and tax reduction policies must be rewarded。The "Regulations on the Protection of the Beijing Central Cultural Heritage", which was implemented from October 1, 2022, specifically established the "Inheritance and Utilization and Public Participation"，​​In particular, the right to know the residents of the inheritance site、Participation and Supervision right，also stipulated the legal obligations of the street office and the neighborhood committee to organize residents to participate in the protection and utilization of heritage。Protection of the rights and interests of private cultural heritage，It is conducive to the protection of cultural heritage protection.、Store、Pay attention to the charm "，To see people、See it、See Life "。

third，Balance the relationship between the central and local governments through legislation。New Amendment of the Legislative Law in 2015 puts the legislative power of cultural heritage matters to the city -level people's congress and its standing committee in the district。This increases the number of single legislations for single cultural heritage; it is conducive to different types、Different levels、cultural heritage of different values ​​according to its own attributes，Make a targeted formation of local regulations suitable for itself; it is also conducive to the accumulation of institutional experience bet365 Play online games in the field of cultural heritage legislation。But such local regulations shall not be confused with the superior law。Actually，The major institutional structure and arrangement of the field of cultural heritage law，Still staying at the central level。

Since the reform and opening up，In the field of intangible cultural heritage，Many grass -roots cultural departments reduce non -heritage projects and the selection criteria of their inheritors for the consideration of commercial interests，As a result, non -heritage projects with low cultural quality and unqualified inheritors crowded administrative resources、Phenomenon full of market。In particular, the county -level cultural relics and intangible cultural heritage of county -level cultural relics and material cultural heritage，In a market -oriented environment, it often encounters cultural value or even physical damage and damage。The Standing Committee of the National People's Congress and the State Cultural Relics Administrative Department，You can adjust the "Cultural Relics Protection Law", "Intangible Cultural Heritage Law" and its supporting specifications，to appropriately improve the administrative confirmation and control of the lower cultural heritage of the rated.。For example，In June 2022, the city's Economic Development Zone revoked the two places under its jurisdiction.。The reason is conflicting with the new construction project。The revocation behavior is demonstrated and publicized by experts，There is a legal procedure appearance，However, the reason for its revocation has essentially violated the relevant regulations of the State Administration of Cultural Relics。State Administration of Cultural Relics stipulates in its department standard documents，The reason for the withdrawal of this type of cultural relics is: due to natural disasters、Urban and rural construction and other reasons, generally non -moving cultural relics are lost or damaged without protection value。However, because of the direct demolition, the provincial cultural relics authorities Bet365 lotto review are required for approval，Therefore, the city's economic development zone will be removed before the cultural relics are "removed" within its own power.。To sum up，When the state faces the administrative confirmation of cultural relics and non -heritage，It can master the main administrative confirmation and approval authority in the provincial or above competent authorities，and time -time correction of a similar bad trend bet365 Play online games in the field of cultural heritage。

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