The report of the 20th National Congress of the Communist Party of China proposed to “enhance cultural confidence” and “inherit China’s excellent traditional culture”。bet365 code as a carrier of excellent traditional culture,has become a keyword in the “national trend” and cultural museum craze in recent years。For better protection、Inheritance、Utilizing the excellent bet365 code of the Chinese nation,Adequately protect public access、Basic cultural rights to enjoy bet365 code,bet365 code legal system in the new era,Can be based on the existing legal system,Towards intensive farming、Promote the stage of eliminating redundant work。Specifically, we can start by handling the following three relationships。
First,Focus on the coordination of norms within the field of bet365 code law and norms outside the field。In particular, cooperate with the provisions of other substantive and procedural laws,According to social practice needs,Modify or create legal norms in a timely manner。For example,The "Cultural Relics Protection Law" has not yet established a public interest litigation system,It is difficult to connect with the relevant systems in the Civil Procedure Law and Administrative Procedure Law。my country’s first bet365 code public interest litigation—the Magu Village case in Henan Province occurred in 2016,At that time, the plaintiff could only file a civil public interest litigation in accordance with the "Civil Procedure Law" and the "Environmental Protection Law",The substantive law basis supporting the plaintiff’s claim comes from Article 2 of the Environmental Protection Law, which states that “‘environment’ as mentioned in this law refers to…human cultural relics…”。
Until 2017,Article 26 of the newly revised Administrative Litigation Law establishes a system for procuratorial organs to initiate administrative public interest litigation when national or social public interests are harmed。A large number of cases in which procuratorial organs conducted procuratorial supervision of bet365 code and administrative public interest litigation soon emerged in various pilot provinces and cities。This work has also become one of the key tasks of our country’s procuratorial organs after the differentiation of procuratorial functions in recent years。End of 2020,The Supreme People’s Procuratorate released 10 typical cases of public interest litigation for bet365 code protection and held a press conference,Explain the significance of this system。However,Procuratorates still need to resort to laws indirectly related to bet365 code such as the Civil Code and the Heroes Protection Act。In the latest version of the "Cultural Relics Protection Law (Draft Revision)" (Draft for Comments) announced by the State Administration of bet365 code in 2020,Establish a public interest litigation system for cultural relics。This draft has been included in the legislative plan in 2022,It is expected to be announced in the newly revised "Cultural Relics Protection Law"。The "Cultural Relics Protection Law" only requires timely follow-up procedures,Establish a public interest litigation system,In order to meet the urgent needs of judicial practice。
As for whether the environmental code that has been put on the legislative agenda should continue to include bet365 code as its protection object,It is also a very challenging theoretical problem。If we still adopt the open-ended list of "humanistic relics、Scenic Area、The expression "city and countryside, etc.",The protection objects will inevitably overlap with the "Cultural Relics Protection Law",Resulting in a waste of legislative resources,Creating chaos in the legal system。And natural ecology and cultural ecology,In protection mode、Criteria for filing a case、There are obvious differences in terms of loss relief and other aspects。In addition,The "green principle" in the Civil Code covers and explains the bet365 code protection objects in environmental law,Quite far-fetched。Natural ecology emphasizes "green",Cultural ecology emphasizes diversity。This makes it even more necessary for the Civil Code, the Cultural Relics Protection Law and the Environmental Code to be revised and standardized expressions,To clarify the relationship between them,To achieve coherence in the legal system。
Second,On the basis of maintaining existing public power,Continue to increase the protection of the relevant rights and interests of private entities。Long time,my country’s bet365 code protection emphasizes the state’s protection and management of bet365 code。From the "Cultural Relics Protection Law" and "Intangible bet365 code Law" to the "Regulations on the Protection of Historical and Cultural Cities, Towns and Villages" and the "Museum Regulations",Most of its normative contents stipulate administrative power、Law enforcement and penal powers。However, most private entities’ bet365 code rights and interests lack specific protection measures,Use encouraging words in normative expressions,Focus on stipulating the public’s obligations to protect bet365 code。
According to Article 253 of the Civil Code, “Cultural relics owned by the state as stipulated by law,Owned by the state”,Combined with Article 246 "Property owned by the state as stipulated by law,Owned by the state, that is, owned by the whole people。State-owned property is owned by the State Council on behalf of the state”,It can be seen that all bet365 code owned by the country belongs to the whole people,It is a typical public property。Public property should remain public in law。But in practice,my country’s public bet365 code mainly appears in daily public museum displays,It is difficult for people to obtain open source bet365 code image resources in cultural institutions。
In addition to actively investing in public museums,In addition to ensuring the public’s access to and enjoyment of public bet365 code during the exhibition process,We also need to respond to the digital needs of the Internet era,Complete digital reproduction of museum collections、Login to work,And open source digital bet365 code data,Promote the inclusive sharing of digital rights among the people。December 8, 2022,The world's first blockchain-based digital bet365 code open co-creation platform jointly developed by Dunhuang Mogao Grottoes and Tencent is officially launched,Set a typical benchmark for the realization of digital rights and interests of public bet365 code。IP overall authorization for public museums,Absolute authorization methods should also be avoided as much as possible,Give equal and open opportunities to private entities capable of development。The "Forbidden City Cultural and Creative Industry" became popular in 2018 because its two legal authorized stores each claimed that their lipsticks were officially authorized so-called "authentic products",Causing network attention。This reflects the confusion in authorization of the museum’s public bet365 code resources。In legal terms,bet365 code as public property,Derivative rights related to its image or name,It is not suitable to be exclusively owned by any private subject。
Targeting private cultural relics,We can explore the establishment of a private cultural relics compensation system,Standardize and clarify the rights boundaries of private cultural relics,Put an end to the blanket use of cultural relics administrative power to interfere with private ownership of cultural relics。For owners of privately-owned cultural relics buildings rated or registered by the state,Technical guidance should be given to repair and maintain bet365 code buildings,As well as material and financial support。The current practice is that the owner first performs repair and maintenance obligations,Only help those who are unable to repair。But in reality, many owners of old buildings do not have the professional ability and financial resources to repair and maintain cultural relics。2012,In a famous historical and cultural village in Zhejiang, residents were unable to live because their cultural relics buildings were in disrepair,Without any help from the cultural relics department,A case of self-destruction and reconstruction but was arrested for the crime of destroying cultural relics。
In addition,Only by integrating the public into bet365 code,To keep bet365 code alive。In recent years,Some domestic bet365 code site legislation builds public participation norms,Great progress has been made,Demonstrative significance。For example, the "Regulations on the Protection of World bet365 code of Gulangyu Island in Xiamen Special Economic Zone" will "respect the legitimate rights and interests of bet365 code rights holders",“Protecting the development rights of community residents,Achieve value sharing” is listed as its protection principle。This regulation not only declaratively encourages the public to participate in the inheritance and utilization of bet365 code,Also some of the outstanding inheritance、Exploitation behavior,Stipulates the legal obligations and tax relief policies that the government must carry out incentives。The "Beijing Central Axis bet365 code Protection Regulations" that will be implemented on October 1, 2022 has specially set up a special chapter for "Inheritance, Utilization and Public Participation",Specially clarifies the rights of residents of heritage sites to know、Right of participation and supervision,It also stipulates the legal obligations of sub-district offices and neighborhood committees to organize residents to participate in heritage protection and utilization。Protection of private bet365 code rights,Conducive to the realization of "retaining people" in bet365 code protection work、Stay in shape、Leave the charm”,Achieve "meeting people"、See things、See life”。
Third,Balance the relationship between the central and local governments through legislation。The newly revised "Legislation Law" in 2015 delegates the legislative power on bet365 code matters to the districted city-level people's congress and its standing committee。This has resulted in an increase in the number of separate lines of legislation targeting individual cultural properties;Favorable for different types、Different levels、bet365 code of different values according to their own attributes,Develop local regulations that suit you in a targeted manner;It is also conducive to the accumulation of bottom-up institutional experience in the field of bet365 code legislation。However, such local regulations shall not conflict with higher-level laws。Actually,Legislative power for major institutional structures and arrangements in the field of bet365 code law,Still at the central level。
Since the reform and opening up,In the field of intangible bet365 code,There are many grassroots cultural departments who lower the selection standards for intangible bet365 code items and their inheritors out of commercial interests,As a result, intangible bet365 code projects with low cultural taste and unqualified inheritors occupy administrative resources、The phenomenon that floods the market。Especially county-level and city-level cultural relics and intangible bet365 code with lower ratings,In a market-oriented environment, cultural values and even entities are often destroyed and damaged。The Standing Committee of the National People’s Congress and the National Cultural Relics Administration Department,Can be adjusted by adjusting the Cultural Relics Protection Law, Intangible bet365 code Law and their supporting regulations,To appropriately improve the administrative confirmation and control of bet365 code with lower ratings。For example,In June 2022, the Economic Development Zone of a certain city revoked 2 general immovable cultural relics under its jurisdiction。The reason is that it conflicts with the location selection of the new construction project。This revocation has been demonstrated and publicized by experts,Has a legitimate program appearance,However, the reason for its cancellation actually violated the relevant regulations of the State Administration of bet365 code。The State Administration of bet365 code stipulates in its departmental normative documents,The reason for the cancellation of this type of cultural relics is: due to natural disasters、General immovable cultural relics are lost or damaged due to urban and rural construction and other reasons and have no protection value。However, direct demolition requires approval from the provincial cultural relics authority,So the city’s Economic Development Zone “takes off” the cultural relics within its own scope of authority and then demolishes them。In summary,When the country faces the administrative confirmation of cultural relics and intangible bet365 code,The main administrative confirmation and approval authority can be controlled by the provincial or above competent authorities,To promptly correct similar adverse trends in the field of bet365 code。
(Author’s unit: bet365 code School of Renmin University of China)
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