Research Of China’s Historical And Cultural Town Protection Legislation

In 2003, the Ministry of construction(now housing construction ministry) and the State Cultural Relics Bureau jointly issued the "on the announcement of China famous historical and cultural towns(villages)(the first batch) Notice", first proposed the concept of famous historical and cultural town, announced the first batch of 10 famous historical and cultural Towns, which marked the famous historical and cultural town officially entered the China cultural heritage protection system. The Ministry of construction and the State Cultural Bureau has published 242 famous historical and cultural towns from 2005 to 2014 to strengthen the protection of famous historical and cultural towns, correctly handle contradictions between protection and development, and avoid famous historical and cultural towns being broken in tourism development. At the same time, the laws and regulations concerning the protection of famous historical and cultural towns are constantly established and perfect. The NPC promulgated Urban and Rural Planning Act and revised Law on Protection of Cultural Relics in 2007, the Regulations on Protection of Historical and Cultural City, Town and Village promulgated by state council in 2008 established Protection system of famous historical and cultural towns and local laws and regulations concerning protection of famous historical and cultural towns have constantly established in Yunnan, Zhejiang province and Chongqing Municipality since 2008. This provides the legal safeguard for the protection of famous historical and cultural town. Through the retrieval from the CNKI database can be found that the number of journals, and thesis of master and doctor on the protection of famous historical and cultural towns during the period from 1990 to 2013 show that development trend from scratch and from a limited amount, the development of theoretical study, provides the theoretical basis for the protection of history culture famous town. The protection of famous historical and cultural towns appeared a hitherto unknown opportunity.Unfortunately, although China bring famous historical and centurial town into the orbit of the legal system, the relevant legislation exists in legislation is low, scattered legislation and other defects, the provisions of the law is not perfect in principles of protection, administrative management system is not smooth, funding is lack of operability, public participation system insufficient and so on. Theoretical research mostly concentration on construction engineering and science, tourism, geography, and other fields, the thesis about the famous historical and cultural towns from the perspective of legal protection is less. in addition, the protection of China’s protection of the famous historical and cultural towns put forward at the same time with the historical and cultural city, village, it weakens the protection of famous historical and cultural town, leading to increasingly serious damage to the famous historical and cultural town. Therefore, research on the legislation of the protection of famous historical and cultural towns in China is not only conducive to protect the historical and cultural town well, but also has the important significance to the promotion of China’s historical and cultural relics protection the sustained and healthy development.Yunnan province established Protection Regulations of Heshun Old Town Yunnan Province to protect famous historical and cultural town—Heshun old town in 2008, the regulation is earlier and few specifically for a town of legislation. Tengchong county People’s Government published the implementation of ’the protection regulations of Heshun old town Yunnan Province’ measures Tengchong county(for Trial Implementation)", it refines the relevant provisions of Protection Regulations of Heshun old town Yunnan Province. In addition, I live in Heshun, witness the achievement the protection of Heshun old town achieved under the guidance of the regulation and understand the performance and the problems existing in protection of Heshun old town through the investigation of the Heshun protection authority and vested Bai Lian group.To sum up, this paper selects "Heshun protection regulations" in Yunnan Province as the legislative example, adopts the analysis method of hermeneutic and on-the-spot investigation, and discusses the implementation of the regulations of the full-scale study in recent years, and use the related regulations concerning the protection of famous historical cultural towns in some countries, regions, which would be benefit to the protection of famous historical and cultural towns in our country. This paper is divided into four parts:The first part, through literature review, proposed the research background, significance and methodologies.The second part combs the legislative history and legal system in China, analyzes the relevant content of " Protection Regulation of historical and Cultural City Town Village " and local regulations from administrative management, financial security, public participation, proposed that provisions relating to the administration of famous historical and cultural town is lack of systematic, provisions of the fund safeguard is lack of operability, provisions of the public participation is insufficient.The third part selects " protection regulations of Heshun old Town Yunnan Province" as the legislative example, investigation to collect relevant information and data, from the aspects of legislative background, the main contents of regulation and implementation performance to discuss the legislative protection of Heshun old town from all aspects that famous historical cultural towns in China.The fourth part draw lessons from foreign protection experience relevant historical town, put forward concrete legislative suggestions to improve the protection of famous historical and cultural towns: establish the principle of protection of priority, the principle of public participation and to improve the basic principles in the protection of famous historical and cultural town; through the improvement of central and local management and internal management mechanism of famous historical and cultural towns to rationalize the administrative management system; improving capital security mechanism from increasing government investment, broaden the sources of funding, etc.; strengthening public participation mechanism from expanding means of public participation, improving the public lawsuit participation right and so on.