A Study Of Cultural Relics Protection From The Perspective Of Marxist Cultural Heritage

Heritage is the legacy of humanity in the historical process of cultural treasures,is a non-renewable resource, it is a valuable historical and cultural heritage of mankind. Our heritage is a big country, very rich heritage resources, but due to historical reasons, many precious cultural relics lost overseas, it has been very very sad. However, in the construction of the new era of reform and opening up process,due to the lack of scientific understanding of heritage conservation and planning,resulting in a number of precious cultural relics were damaged, seriously affecting the sustainable development of cultural productivity. At present, the academic theory for limited protection of cultural relics, mostly scholars studied artifacts from legislative,administrative law enforcement and cultural heritage management. However, the reality is that simply relying on sound legislation and strengthen law enforcement, and can not effectively curb the relics criminal acts. The reason is because ignoring the important guiding role of Marxism in the View of Cultural heritage conservation issues, and no theory with practice, combining heritage conservation practice to analyze specific issues, not to explore the source of the problem and, consequently,remedy will not be able to find a fundamental solution to the problem.Marxist concept of cultural heritage is a fundamental Marxist views on cultural issues, is to correctly understand and address the protection of the fundamental principles of cultural heritage issues. In this paper, a comprehensive understanding of the basic meaning and value of the cultural heritage of Marxist outlook, based on the combined heritage judicial practice typical case studies, one can reflect aspects of the problems of judicial protection of cultural relics, it also can reflect gaps and shortcomings in the legislation and cultural heritage enforcement, help to identify the root cause of problems, and then reflect on and build a full range of cultural relics protection countermeasures. The author believes that the presence of cultural heritage conservation judicial aspects of the case main judicial decision does not comply with"the crime of proportionality" principle, when different co-determination"phenomenon have occurred, relics of Forensic unable to accurately assess the heritage value, cultural laws and practices with antique profiles conflicts of administrative punishment instead of judicial sanctions phenomenon is more widespread problems. the reasons are mainly the law of ambiguity, the judge of the same fact-finding differences, relics of Forensic legal system is not perfect, neglectantique trading particularity and line regulations rationality, cultural relics protection supervision system is not perfect and so on. to solve these problems, this paper should be considered Marxist cultural heritage concept as a guide, relics from perfect legislation, unified judgment standards, improve the overall quality of judges,establish a sound case guidance system, strengthen the referee information communication, improve the system of Forensic heritage, and promote positive interaction antique dealer bank regulations and laws and regulations, establish and improve the protection of cultural relics supervision mechanism in a bid to build a full range of cultural relics protection countermeasures.