Research On National Cultural Park Legislation

The National Cultural Park is a major national cultural project promoted and implemented in China’s progress from a “rich cultural state“to a “culturally strong country”,and is a public cultural area that adopts a park-like management and operation approach to protect and preserve the use of large-scale linear cultural heritage of national significance.The rule of law is the key to ensuring the smooth implementation of this project,and legislation is the basis and prerequisite for the rule of law in the governance of national cultural parks.However,the existing large-scale linear cultural heritage along the Great Wall,the Grand Canal,the Long March,the Yellow River and the Yangtze River national cultural parks has encountered multiple difficulties such as weak protection,weak heritage and unreasonable use.As a whole,there are the following problems with the legislation about national cultural parks: Firstly,the positioning of the concept of national cultural park legislation is unclear.There is a conflict of concepts between the cultural rights of citizens and the protection of related rights and interests,there is a contradiction between the multiple positioning of legislative attributes,and there is a choice dilemma between the protection of heritage and heritage use concepts.Secondly,the current legal system for cultural heritage is unable to effectively protect and preserve the large linear cultural heritage in the National Cultural Park,making it difficult to achieve the national goal of "forming a Chinese cultural identity".Thirdly,there are structural flaws in the legal system related to national cultural parks,and the law on national cultural parks cannot be fully integrated into the existing legal system of national parks and public cultural services.Besaides,there is a lack of comprehensive and special legislation on national cultural parks at the central level.Fourthly,there is a controversy between the es`tablishment of a national cultural park authority or the establishment of a corresponding coordination mechanism,and there is an urgent need to establish a sound organizational system for the management of national cultural parks.Fifthly,the legal mechanism for the construction and management of national cultural parks is not sound,and there is a need to improve the mechanisms for departmental coordination,"central-local" cooperation,"local-local" cooperation,and policy formulation and implementation.In the end,the structure and expression techniques of national cultural park legislation are not mature enough,and the scientific nature of legislation is lacking.Taking a problem-oriented approach,sorting out the current status and regulatory features of national cultural park legislation,and clarifying the legal attributes of national cultural parks for public use,national cultural park legislation is ultimately positioned as a large linear cultural heritage protection and heritage use law.At the same time,the legislation on national cultural parks will be further guided by legislative values and concepts.Specifically,this includes: firstly,to form the theoretical basis of national cultural park legislation with cultural politics theory,linear cultural heritage theory,park management theory,coordinated promotion theory and legislation theory as the core.Secondly,the basic objectives of the legislation are to protect citizens’ cultural and related rights and interests,promote national cultural identity,enhance national cultural discourse,strengthen national cultural confidence,and pass on Chinese cultural genes.Thirdly,the basic principles of the legislation will be based on the principles of holistic protection,enhanced heritage,rational use,cultural leadership,and scientific planning.In addition,the protection of heritage and the use of large-scale linear cultural heritage through legislation is a common issue faced internationally.The legislation on cultural rights,cultural diversity,cultural heritage,national parks and other national cultural park-related legislation has developed the idea of "relative separation" between national culture and nature.The idea,the legislative experience of heritage corridors and cultural routes for the protection of large-scale linear cultural heritage,the basic orientation of the protection of cultural rights,the protection system of cultural heritage,and the system of parkland management and operation have high reference value.The experience of legislation on heritage corridors and cultural routes for the protection of large linear cultural heritage,the basic orientation of the protection of cultural rights,the system of protection of cultural heritage and the system of management and operation of parks are of great value.Guided by legislative values and supported by legislative experience,the technical aspects of the legislation of the national cultural park are clarified.In terms of the general idea of promoting national cultural park legislation,the main ideas include: national cultural park legislation is in parallel with the existing legislation on cultural heritage,national parks and public cultural services,and the comprehensive law,special law and related law of the national cultural park are promoted together.The central and local legislation of national cultural parks are promoted alternately,and the unified and decentralized legislation mode of national cultural parks should be considered.In terms of specific ideas for the promotion of national cultural park legislation,the main ones include: first,the legislative idea of a comprehensive law for national cultural parks.The National Cultural Park Act should follow a total fraction legislative style,providing for the basic concepts of national cultural parks,citizens’ cultural and related rights and interests,organizational systems,legal mechanisms,legal obligations,legal liabilities,and basic systems.The second is the legislative idea of a special law for national cultural parks.China should speed up the central and local legislation on the Great Wall,the Grand Canal,the Long March,the Yellow River,the Yangtze River,and so on.When the legislative resources are available and the time is ripe for legislation,the legislative model should be mainly unified legislation,supplemented by decentralized legislation.The third is the legislative idea of articulating the national cultural park law with related laws.This is mainly through the establishment of special provisions for national cultural parks in the legislation related to cultural relics,intangible cultural heritage,public cultural services,cultural industries,tourism,ecological environment,etc.,in order to achieve the "law-law" interface.At the same time,it is necessary to build the main systems of national cultural park legislation from the level of legislative content.Specifically,it includes a system for the protection,transmission and utilization of national cultural parks based on their "cultural attributes",and a system for planning,standardization,functional zoning,concessions and Land management based on the "park-like management and operation" of national cultural parks,as well as The system of support and guarantee based on the construction of the institutional mechanism for the management of national cultural parks.