Legislative Protection Of The Real Right Of Historic Buildings

Privately-owned cultural heritage not only has public social interests, but also personalinterests. The conflict between public social interests and personal interests concentrate onprivate historic buildings. How to balance the public social interests and personal interests hasbecame more important in protection of privately-owned cultural heritage. The research fromscholars of cultural heritage protection is in initial period and lack of discussions of real rightprotention. This article takes private historic buildings as research objects, expounds thedefinition of private historic buildings， and the problem of private historic buildings. Thegovernment now is paying more attention to cultural heritage and making more laws about it.But the laws neglect the protection of real right. It cause the owners of historic buildings areunwilling to protect the buildings. According to this article, we can reference the successfulexperience in other regions, such as Macao, Taiwan and France. We can improve the laws inthese way: increase the allowance, provide more tax benefits, endow transferrabledevelopment right and right relief.