On The Present Situation And Perfection Of Legislation Heritage

In modern history books, not only China, but also other countries in the world, all pay great attention to preservation of cultural relics. On November16th,1971, the17th UNESCO conference in Paris passed the "Convention Concerning the Protection of the World Cultural and Natural Heritage". In order to protect cultural relics and cultural heritage in China as well as to respond to this international convention, the25th meeting of the Standing Committee of the Fifth National People’s Congress discussed and passed "the cultural relics protection law of People’s Republic of China" on November19th,1982; approved by the State Council of China on April30th,1992, the State Administration of Cultural Heritage published "the detailed rules for the implementation of the people’s Republic of China Law on the protection of cultural relics" on May5th. With the new trend of urban economic development, challenges in cultural relics crimes and people’s desires for old days, in order to adjust to the needs of cultural relics preservation in a new stage as well as to cope with developments of cultural relics economy in a new situation,"the cultural relics protection law of People’s Republic of China" was revised and passed by the thirtieth meeting of the Standing Committee of the Ninth National People’s Congress on October28th,2002. It was implemented on December3rd,2002. Then, on July1st,2003, the State Council of China revised and issued "the Implementation of the regulations of the People’s Republic of China Law on the protection of cultural relics". China has diligently made efforts in the preservation of cultural relics, which certainly brought positive results. The formulation and enactment of laws on cultural relics preservation have provided legal basis and guarantee for efforts in the protection of cultural relics. The past ten years from2002was an experimental period for new cultural relics preservation laws, and also a successful10-year. More and more historical and cultural villages, towns, and cities break through the soil. China is a country with age-old collection tradition. In the recent couple of years, a new upsurge of private collection has become a new trend. With the thriving development of tourism market and increasing number of national cooperation, appreciation and research of cultural relics also played an indelible contribution to international friendship.However, despite the existing positive circumstances, more and more hidden dangers were exposed by the media. Some cultural relics were shockingly stolen or missing, which was very annoying. To name a few,"the Palace Museum heist case on May8,2011","dispute of the proposed85-meter building by the West Lake side in2007","the Imperial Palace luxurious’clubgate’in May,2011". To get to the bottom of it, these accidents were mainly caused by the rapid development of China’s urbanization and increasing demand of land in recent years. Accidents of cultural relics being damaged due to compromise of economic benefits emerge in an endless stream. These accidents have caused severe loss of cultural relics, which has aroused strong repercussions in society. Therefore, the jurisprudential circle started to discuss the existing situation of the formulation and implementation of cultural relics preservation.This article tries to explore the existing situation and legislation perfection of cultural relics preservation. The international society has paid more and more attention to the preservation of cultural relics, which has given ideas for China’s cultural relics preservation laws. Central legislation, local legislation, laws on cultural relics preservation, and single articles of regulations on administrative penalty, underwater cultural relics, museum management, grading standard of cultural relics collection, etc. have emerged quickly in recent years. Therefore, although we have made some accomplishment in the establishment of cultural relics legislation, there is still much room for improvement. Especially in the a few areas such as the scope of the concept of " cultural relics", principle of "authenticity", researches on historical and cultural cities, commercial exploitation of cultural relics and confirmation of legal responsibility, it becomes particularly important to draw lessons from according mature legislation experiences at home and abroad, to give full play to the advantages of comparison method, to adopt legislative theories that conform to China’s situation to make up to the shortcomings of existing legislation.