1. Formulating professional laws to protect world heritage
At present, the most urgent task in China is to formulate the Law of the People's Republic of China on the Protection of World Heritage, which will bring the protection and management of world heritage into the orbit of the rule of law.
(a) the formulation of world heritage laws is to meet the needs of the world situation.
Since the World Heritage Committee announced the first batch of World Heritage in 1978, apart from the changes in the natural environment and the tempering of time itself, the most important thing is the influence of human activities, among which large-scale economic development and excessive tourism are the direct destructive factors. France is one of the earliest countries with a sound legal system to protect the world cultural heritage. In 1793, the * * * and Two-year Act came out. On December 31, 1913, France enacted the Law on the Protection of Historic Sites, which is the first modern law to protect cultural heritage in the world. After risorgimento, a series of regulations on the protection of cultural relics were successively promulgated. It is clearly stipulated in Article 9 of the Italian Constitution that Italy is responsible for the protection of the country's artistic, historical heritage and scenic spots. In 195, the Japanese government promulgated the Law on the Protection of Cultural Property, which stipulated the category of intangible cultural heritage in the form of law, leading the world. As a signatory to the Convention for the Protection of the World Cultural and Natural Heritage, Russia's world heritage is protected by the Convention and special national laws. In 2, the Central Bureau of Cultural Relics Protection in Moscow promulgated the Regulations on the Protection and Use of Historical and Cultural Heritage, and designated a number of new cultural relics protection areas. Almost every national park in the United States has independent legislation. According to this world situation, it is imperative for China to formulate special laws to protect world heritage.
(2) It is an inevitable requirement to formulate professional laws on world heritage to overcome the shortcomings of existing professional laws in China.
The Law of the People's Republic of China on the Protection of Cultural Relics (adopted at the 3th meeting of the 9th the NPC Standing Committee on October 28th, 22) is related to the protection of cultural heritage, but it is not the key point. It mainly focuses on the protection of movable cultural relics, and the protection of immovable cultural relics is very limited. Article 1 of the Law on the Protection of Cultural Relics clearly emphasizes at the beginning that the purpose of this law is to protect historical and cultural heritage. The key points of its protection are: ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings and murals with historical, artistic and scientific value; Important historical sites, objects and representative buildings in modern times that are related to major historical events, revolutionary movements or famous people and have important commemorative, educational or historical value; Precious works of art and arts and crafts in different times in history; Important documents and materials of various times in history, as well as manuscripts and books and materials of historical, artistic and scientific value; A representative object that reflects the social system, social production and social life of various times and ethnic groups in history. Fossils of ancient vertebrates and ancient humans with scientific value are protected by the state as well as cultural relics. From the 3 world heritage projects that have been declared and approved in China, according to the definition of the Law on the Protection of Cultural Relics, 13 ancient buildings, 2 ancient cultural sites, 2 ancient tombs, cave temples, stone carvings and murals can be protected by this law, while 1 scenic spot, 4 natural heritages and 4 cultural and natural heritages can not be protected by the Law on the Protection of Cultural Relics. The Law on the Protection of Cultural Relics only lists key cultural relics, but not natural and cultural heritage. In fact, natural heritage, culture and natural heritage should be higher than "cultural relics", but they are not protected by law, so it is inevitable that cultural heritage and natural heritage will be seriously damaged.
(3) It is an inevitable requirement to formulate professional laws on world heritage to overcome the deficiency of China's criminal law in protecting world heritage.
As a world cultural heritage, the Great Wall of China has important cultural and economic values, but it is very difficult to determine the value of a certain part. This feature determines the fine for the destruction of the Great Wall, and it is difficult to make specific accounting. China's criminal law stipulates related crimes, which can punish the destruction of the Great Wall. However, because the Great Wall is a very special cultural relic, how to protect it with the provisions of these codes is facing many specific problems. The main ways of causing destructive crimes to the Great Wall are "damage", including intentional damage and negligent damage. The interpretation of damage in relevant legal documents is to damage or even destroy cultural relics and places of interest. The Great Wall is different from other single buildings. Any damage, even the smallest, will cause damage to the Great Wall to varying degrees, but any damage, even the biggest, cannot cause devastating damage to the Great Wall in Wan Li at one time. Because the judicial organs can't give quantitative authentication to the loss degree of the Great Wall, it is difficult for criminal suspects to be investigated for corresponding criminal responsibility.
China's criminal law stipulates 1 crimes against cultural relics, namely, intentional destruction of cultural relics, intentional destruction of scenic spots and historical sites, negligent destruction of cultural relics, illegal sale to foreigners, gift of precious cultural relics, reselling cultural relics, illegal sale, private gift of cultural relics, excavation of ancient cultural sites, ancient tombs, excavation of ancient human fossils, vertebrate fossils, looting and stealing of state-owned archives, and unauthorized sale and transfer of state-owned archives. Only two of the charges involved immovable cultural relics, and the rest were basically related to movable cultural relics. However, almost all the 3 existing world heritages in China are immovable heritages, which cannot be protected by criminal law and are in a very dangerous situation. At present, to protect these immovable heritages, we have to rely on the relevant provisions of the Forest Protection Law, the Mineral Resources Law and the Environmental Protection Law, which obviously lacks strength. World heritage should be protected not only by administrative law but also by criminal law. Serious damage to the world heritage should be defined as a crime and given criminal punishment. The Law on the Protection of World Heritage should stipulate the scope of protection of world heritage, administrative procedures for protection, tax preferences enjoyed, etc. It is stipulated that any world heritage must be protected in our territory. The Law on the Protection of World Heritage should resist the impulse of people's possession, the impulse of victims' interests and the impulse of officials' achievements. Those who destroy the world heritage should be severely punished like those who are corrupt. The Law on the Protection of World Heritage should also pay attention to the integration with the United Nations Convention for the Protection of World Cultural and Natural Heritage, because the Convention has clear requirements and principles for the national protection of States parties. The Law on the Protection of World Heritage should clarify the legal standards of compensation for damage to world heritage, so that governments at all levels and law enforcement departments can follow them. Strict legal supervision mechanism should be established to strengthen the protection of world heritage.
second, learn from foreign experience and improve the domestic legal system
Practice has proved that the good protection of world heritage inevitably depends on the legalization of management. At present, China should learn from the experience of foreign countries in protecting world heritage, and work hard to formulate norms, systems and other policy documents related to the protection, management, development and utilization of world heritage, with a view to forming a legal and regulatory system in line with China's reality.
(a) clear the guiding ideology of protecting world heritage.
to establish a correct guiding ideology is actually to have a correct understanding of the meaning of world heritage. There is also a process of understanding cultural heritage protection in the world. During the French Revolution, palaces were smashed, churches were destroyed and cultural heritage was damaged to varying degrees. A priest named Gregeois put forward the proposition that "cultural heritage is the life of national civilization". His advice was accepted and many legacies were preserved. Russia's slogan of protecting cultural heritage is: Protecting cultural heritage means protecting Russian mothers. In Japan, after World War II, the principles of non-renewability, universality of value and regionality of output of cultural relics were deeply discussed by academic circles and gradually became the knowledge of * * *, and the protection of cultural relics gradually became the basic function of the government and a yardstick to measure the sense of national responsibility. In terms of guiding ideology, China should regard the cultural heritage and natural heritage of the motherland as the life and foundation of the Chinese nation. Protecting these heritages means protecting the life and foundation of the Chinese nation. Whoever harms these heritages means endangering the life and foundation of the Chinese nation and should be sanctioned and punished. At present, we should pay attention to three levels in protecting cultural heritage: first, protect cultural relics and historic sites. It mainly includes ancient buildings, ancient tombs, ancient sites, stone carvings, celebrities' former residences and memorial buildings in modern times. Cultural relics should pay special attention to protecting its historical environment. Scenic spots should pay more attention to the protection of the overall environment. Second, protect historical blocks with traditional features. Some buildings may not be identified as "key cultural relics protection units" by themselves, but when the buildings are added together, their value will be sublimated, which can reflect the traditional features of the city in a certain historical period. Third, protect historical and cultural cities. The key to a famous historical and cultural city is to see how much valuable historical heritage it preserves. Moreover, the current situation, pattern and style of the famous city should maintain historical characteristics and have a piece of historical blocks. A famous historical and cultural city should not only protect tangible and substantial contents, but also protect intangible, traditional and original ecological culture. In other words, it is necessary to inherit and carry forward the excellent history and culture that grew in characteristic regions. Such as folk art, folk essence, folk crafts, traditional drama, music and so on.
(2) Establish an effective and statutory management system.
there are many modes of world heritage protection in different countries. Russia has set up a special organization to protect the world heritage, namely the Russian UNESCO Committee under the Ministry of Foreign Affairs, which is responsible for protecting, investigating and evaluating the cultural and natural heritage that has been listed in the World Heritage List, and nominating new declared projects. The Russian Heritage Committee and the Cultural Relics Protection Bureau under the Russian Ministry of Culture are two different working departments. The former has the significance of connecting with the world, while the latter is an ordinary cultural relics protection institution. Mexico's National Anthropology and History Bureau is the highest and only leading and managing organ responsible for the protection of cultural relics, whose main functions are the protection, research, dissemination and training of professionals. It sends representatives to 32 state-level administrative units to lead and manage local cultural relics protection. The advantage of this management system is that it is authoritative and unique. The National Bureau of Anthropology and History shall lead and manage the national cultural relics protection work in a unified way according to law, and shall have the authority. In 1975, the Italian government formally established the Ministry of Cultural Heritage to be responsible for the protection of cultural relics in Italy. The Italian government has also set up a "cultural relic gendarmerie" unit dedicated to protecting cultural heritage. This is the only armed force in the world dedicated to the protection of cultural heritage. The "Cultural Relics Gendarmerie" take orders from the Minister of Cultural Heritage. Drawing lessons from the beneficial experience in the world, China should establish a China World Heritage Management Committee composed of relevant management departments and set up special institutions to make scientific decisions on major issues such as the protection and utilization of world heritage, effectively manage the implementation behavior, and form a feasible planning, decision-making and implementation system. It is necessary to straighten out the responsibilities of local governments and national world heritage management institutions. Formulate an operational plan for the protection and development of world heritage. Through extensive and in-depth basic research work on heritage resources, we will stop over-exploitation and utilization.
(3) regulate the restoration work by law.
when it comes to the construction of an ancient city, it is not at the expense of destroying historical relics, and the remains of cultural relics must be completely preserved. To protect the relics in the ancient city, we should repair the old as the old, not engage in new ones. It is necessary to standardize specific repair behaviors in accordance with the law and formulate specific methods for heritage repair. It is necessary to stipulate that the external structure of the building belongs to the government, and any house developer, shop operator or resident only buys the right to use the inside of the house, but does not have the right to transform the whole building. The maintenance of the house is carried out according to the laws formulated by the state, and you can't make your own decisions. If you want to repair or rebuild, even a small project, you should look at how the law stipulates it. We should attach importance to reconstruction, formulate methods and standards for reconstruction systems, and treat the copied ones as cultural relics.
(4) to carry out publicity and education work according to law.
From June 28th to July 7th, 24, the 28th World Heritage Committee meeting was held in Suzhou, Jiangsu Province. The meeting adopted the Suzhou Declaration. The meeting called on the international community and countries around the world to attach importance to the role of young people in the protection of world heritage and strengthen the education on the protection of world heritage for young people. All governments and institutions in the world should take concerted action, formulate specific goals for youth world heritage education in their own regions, and hold global forums regularly to help underdeveloped areas to educate young people. In accordance with the spirit of this conference, China should strengthen the publicity and popularization of world heritage and enhance the awareness of protection of the whole society. Through systematic and step-by-step publicity of world heritage, the public, especially young people's understanding of world heritage protection should be raised, so that everyone can take the initiative to assume the responsibility and obligation of protection and participate in the ranks of protection. Schools at all levels should also make use of valuable cultural heritage to carry out lively history, culture and art education for students. In order to strengthen the publicity effect, we can organize a cultural week every year with reference to foreign practices, during which all public museums are open to the public free of charge.
(5) Training talents according to law.
it is necessary to establish various forms of world heritage and cultural relics protection centers, and turn the protection centers into bases for training all kinds of cultural relics protection talents. According to the needs of cultural relics protection, the protection center can set up painting, sculpture, textiles and other restoration majors. Students should not only learn relevant historical and technical knowledge, but also learn common sense of chemistry, physics and biology closely related to their work. The protection center can also be responsible for the protection and restoration of some world heritage and the tracking and observation of national cultural relics. Attention should be paid to the construction of the professional team of world heritage protection. Individuals who have lost their professional ethics or directly caused loss of cultural relics or even self-stealing should be resolutely dealt with, and those who constitute a crime should be investigated for criminal responsibility according to law and the staff of cultural relics should be removed. Heritage protection units should continue to carry out in-depth and detailed comprehensive inspections in conjunction with local public security, fire protection and other departments to prevent delays and eliminate hidden dangers. Heritage protection departments should regularly report the progress of world heritage safety work to local governments to ensure that cultural relics are foolproof. If the hidden dangers of accidents found in the inspection cannot be eliminated temporarily, it should be suspended from opening to the society.
(6) Explore new ways to protect world heritage through marketization.
The French government has spared no effort to protect the heritage. Ten years ago, the proportion of cultural budget in France's total financial budget began to exceed 1%, of which 15% was used to protect the heritage. In recent years, Italy has made a lot of efforts in ensuring the funds for cultural relics protection. The annual budget of about 2 billion euros guarantees the expenditure of cultural relics protection. Since 1996, Italy has stipulated by law that eight thousandths of lottery income will be used as funds for cultural relics protection. At the same time, some policies that are beneficial to cultural undertakings have been formulated in terms of taxation. India has established the National Cultural Foundation. Domestic and foreign organizations and the public provide funds or donations to specific or universal projects through foundations under tax exemption. China should learn from these experiences, establish a diversified fund-raising mechanism and seek financial support for the protection of world heritage. As a social resource of national public welfare, the main body of protection of world heritage resources should be the government.