| With the development of tourist industry of our country, the civilized histories of several thousand years of Chinese nation, have pregnant with a large number of historical relic tourist resources with national characters in our country. The development of the historical relic tourist industry, make the protection question in the development and utilization of resources of the travel of the historical relic show especially. In view of the current situation of the historical relic tourist resources legal protection at present in our country, this text make an all-round way analyze and study for the legal protection in development and utilization of historical relic travel resources which under the market economy based on public ownership of our country, and the purpose is to improve the system of the historical relic tourist resources legal protection of our country, and to strengthen the protection of the historical relic tourist resources, realize the sustainable development of the historical relic tourist resources.The article is made up of three parts in the structure. Part one is mainly analysis and proving the basic theories of the historical relic tourist resources legal protection in our country. According to differentiating the concept and characteristic of historical relic tourist resources and analyzing it's importance of society, economy and history in legal protection, we know that, under the theory guidance of recycle economy, our legal protection system of the historical relic and tourist resources should pay attention to setting up the planning system of putting prevention first and controlling in the whole course, we should also implement the system of clean production of the historical relic and tourist resources and make the protection system which accords with the ecological law, so as to ensure the realization of the historical relic tourist resources legal protection system's value goal.Part two make Shanxi which has the essence of the historical relic tourist resources as an example, through analyzing the current situations, characteristics of the historical relic tourist resources in Shanxi, and problems and enlightenments that existed in the protection of resources, combine it's representative regulations in the legal protection system to carry on comparative analysis, and consider and the distinct the current situation of historical relic tourist resources legal protection system relying mainly on local regulation of our country in purpose.Part three is the completion of the legal protection system of historical relic tourist resources in our country. According to current situation analysis and existing problem for the protection of world cultural heritage that is the key component in the historical relic tourist resources in our country, and through the limitation analysis of the local legal protection system of tourist and historical relic resource, differentiating and analyzing the legal protection system for tourist and historical relic resources as Italy, Japanese and the United Nations, we propose the suggestion of completion of the legal protection system in our country as follows: Constructing " the law of protection of resources of historical relic travel of the People's Republic of China ", establish government's leading system, strengthen the citizen's consciousness of protection for resources of historical relic travel, take many ways to raise the protecting fund, set up independent government regulator, standardize the pluralistic management mode of tourist resources of the historical relic, make the responsibility system of violating " law of protection of resources of travel of the historical relic ", establish the lawsuit system of public service, set up independent law enforcement agency, improve the law of relevant departments, and strengthen the guidance of the local legal protection system of tourist resources of historical relic. |