Research On The Administrative Litigation Of Cultural Relic In China

Cultural relic is the essence of national culture which contains rich cultural connotation. It’s not only the manifestation of national cultural soft power, but also the way we miss the past. China has a history of five thousand years of civilization, scattered throughout a large number of precious cultural relics. In recent years, the protection and development of cultural relics draw attention from the whole society. However, due to the rapid development of economic and the process of urbanization, people’s demand for space is growing which threatens the cultural relics. In many places in China, whether urban or rural, large number of historical and cultural monuments were destroyed in the waves of economic and social development, which forces us to rethink our legal system of the conservation for cultural relics.Administrative litigation is not only an important way for the public participation in heritage conservation, but also the last line of defense for the public interest of heritage conservation. This article is based on the administrative litigation cases we found which contains common problems. The writer bases on the actual situation of heritage conservation, drawing on the advanced experience of extraterritorial, propose targeted improvement recommendations. Firstly, the subject matter of litigation. The writer chooses heritage finds behavior as research subjects in judicial practice and find that the recognized standards are vague and the administrative procedures are not perfect. Thereafter, the matter of plaintiff qualifications. In this part, the writer studies the case of Shiquan Fu v. Xinyang Municipal Government, analyzes the defect of the current "interest" standard, proposes to set up the public interest litigation on the conservation of cultural relics. Finally, the matter of trial basis. In this part, the writer uses the case of Shixuan Dai v. Changsha City Bureau of Cultural Relics to lead to the problem of the incoherence on application of laws, then discusses the legal status of normative documents in the administrative trial, and makes some suggestions on this issue.