Cultural Heritage Protection Legislative Basis For Theoretical Studies

The essay is divided into eight parts.The introduction addresses the theory , methods, origin, foundation, field and significance of this essay. The significance of the innovation of cultural heritage ecology legal protection theory , the visual angle of ecological law and historical, comparative and systematic methods is discussed.The first chapter defines the basic concepts which are the starting point and foundation of this essay. The connotation and extension of the cultural heritage scope are explained in the view of the history and comparative law and the definition and protection scope of the cultural heritage is put forward in the mode of ecological law in this chapter.The second chapter discusses the legal protection of the ecological environment and cultural heritage, defines the characteristic of the ecological environment and the human ecological system and analyzes the relation of the ecological environment and cultural heritage. The reality and essentiality of the ecological issue of the cultural heritage are pointed out in order to scientifically define the concept , origin and essentiality of the cultural heritage in this chapter.The third chapter analyzes the current protection modal and characteristic of international and foreign cultural heritage. The important contribution of protection mode of the foreign property law and international property and environmental law to the cultural heritage protection is explored and the reason why the current mode can not confirm the ecological law mode and protect the cultural heritage radically and sufficiently is explained in this chapter.The fourth chapter discusses the rationales for the protection law of cultural heritage: (1) the ecological rationales: the ecological system, the rule and characteristic of the ecological system are analyzed and the ecological rationales for the protection law of cultural heritage is put forward which can overcome the deficiency of the environment and resource science. (2) the philosophical rationales: the ontology, theory of subject, theory of knowledge, theory of natural value and theory of natural rights are analyzed and ecological philosophy conversion of the philosophical rationales for the protection law of the cultural heritage is put forward which can overcome the dualism and mechanism of the traditional legal philosophy. (3) the ethic rationales: the debates between the human centralism and non-human centralism for the international and domestic ethic rationales of the ecological law are reviewed and the viewpoint that the ethic theory of human centralism should be abandoned and the ethic theory of the ecological whole interest standard should be constructed is put forward in this chapter.The fifth chapter states the value idea of the legal protection of the cultural heritage. The achievements and deficiency of legislation for the value idea of protection law of the cultural heritage in view of comparative law and the deficiency of the current legislation for the value idea of protection law of the cultural heritage are analyzed, and the viewpoint that the value idea of human centralism should be abandoned and the value idea of the ecological whole interest centralism should be constructed is put forward in this chapter.