Research On Dilemma And Legal Countermeasures Under The Jurisdiction Of The Underwater Cultural Heritage

In recent years, the field of marine science and technology development has been changing rapidly while human exploitation of marine resources is increasingly deepening. It’s known to all that Technology is a double-edged sword. On the one hand, the progress of science and technology brings mankind the achievements of resources; on the other hand, lots of marine underwater cultural heritage has been discovered after resting for a long time. The protection of underwater cultural heritage is facing the grim situation. China’s coastline stretches more than 18000 kilometers, also territorial sea and the sea areas under the jurisdiction covers about 3000000 square kilometers. Because of the ancient "Silk Road on the sea "as well as "ceramic road", a lot of old ships were buried submarine. According to Chinese underwater archaeological center speculation, there are less than 2000 old ship under the South China Sea. At the same time, strengthening the protection of underwater cultural heritage is also the need for opening up the "Maritime Silk Road" in twenty-first Century.China is faced with the serious international situation on the jurisdiction of underwater cultural heritage. Though "United Nations Convention on the law of the sea", carried out in 1982 by the protection of universally, has only two provisions relating to underwater cultural heritage, it did not mention the national jurisdiction in the waters of the underwater cultural heritage right except for the provisions of the basic rules of waters. The protection of the underwater cultural heritage convention of 2001 (hereinafter referred to as the "Underwater Cultural Heritage Convention") is the special legislation of the protection of the underwater cultural heritage, including a set of strict approval, notify the development report, information sharing system, but still has no clear jurisdiction in the waters of the contracting right; also the Convention came into force until 2009,which approved to a few countries to join and do not have universal binding force. At the same time, China is also facing the grim situation of the area. China’s neighboring countries haven’t join the "Underwater Cultural Heritage Convention", the domestic law of each country adopt the negative way to protect the underwater cultural heritage", having seriously weakened the jurisdiction of the South China Sea underwater cultural heritage right in our country. On the domestic law of our country, our underwater cultural heritage legislation is lagging behind, the State Council promulgated the "the people’s Republic of china, regulations on the protection of the underwater cultural relics management"(hereinafter referred to as cultural relics protection regulations under water) which is not in line with international standards, and even give up some of the sea areas under the jurisdiction of the underwater cultural heritage right of our country.All that is not conducive to the protection of the underwater cultural heritage in china.In the face of difficulties, the jurisdiction of international regional and domestic water under severe cultural heritage, this paper is divided into five parts analysis. The first part defines the basic problems of the underwater cultural heritage, and the second part is the analysis of the jurisdiction of international legislation predicament, while the third part is the analysis of regional legislation jurisdiction dilemma, and the fourth part analyzes the jurisdiction of the relevant legislation in our country. The fifth part is made from three views including International Law, the related national laws and regulations carried by contacting countries around, the relevant provisions of the domestic law of our country three which put forward specific jurisdiction, analysis and discussion of whether China should join the "Underwater Cultural Heritage Convention" and how to use the regional legislation of international law and domestic law of China, so as to expand the jurisdiction of our underwater cultural heritage, better protecting the underwater cultural heritage in china.