Research On Protection And Utilization Of Chinese Natural Cultural Heritage From The Prospective Of Property Rights Institution

The natural cultural heritage is accumulation which nature has evolutes through billion years and the civilization which the human has formed through thousands of years. These accumulations always exist as historical site, historic architecture, geological landform, ecology landscape. Therefore, the natural cultural heritage is the universe precious wealth. We should protect these precious resources. Xiangxi has rich natural cultural heritage resources, including natural cultural heritage on the national level as many as 21. At present, the quickly development of our country's economy has brought the great demand of tourism. In order to attract more tourists, utilization of heritage has become an common phenomenon. But the status of utilization of Xiangxi heritage stats that the phenomenon of "low efficiency utilization", "improper utilization", even "destructive utilization" and so on is common in practice. This phenomenon primarily caused by the present property rights institution of heritage. Through the empirical research on transition of property rights institution of world heritage Wulingyun in Xiangxi can be found that the present property rights institution of heritage is fuzzy and actually absent. Such property rights institution has caused the government executive power substituted the property rights of heritage; the government administration system substituted the legal property rights institution directly. The heritage is a special resource which is monopoly, public goods normally and always has strong externality. According to the different exclusiveness and the competitiveness, heritage has two forms:pure public goods and sub-public goods. If getting the admission ticket, the heritage has transferred from the pure public goods to sub-public goods. The supply of these sub-public goods can take market mechanism, and may achieve Pareto superior. The heritage is an kind of special resources, the utilization not only pursue the efficiency standard, but also pursue the goal that the heritage protection should keep sustainable development. Therefore, "The ownership and management rights can separate from each other in the property rights of heritage, the government exercises the ownership on behalf of the country, and the regulation right on heritage, the rights of management of heritage allocated by the market" is the effective arrangement at present in our country. This kind of institution of property rights can realize through establishment of two mechanisms:On one hand, establishment of regulation mechanism, including the reform of present regulation organizations, the measures of social regulation and economic regulation. On the other hand, establishment market mechanism, including the clear definition of property rights of heritage, the transaction institution of heritage, the legal system of utilization and protection of heritage, as well as the ethics system of heritage. The practice of Xiangxi shows that only reforming the present property rights institution of heritage in our country, establishing the new property rights institution of heritage which can keep the utilization and protection of heritage for sustainable development, can radically change the circumstances of "low efficiency utilization", "improper utilization", "destructive utilization" of heritage and make the utilization and protection of heritage on a path of sustainable development.