Balance Protection Of Immovable Relics By Economics Of Law Study

Immovable cultural relics in China are numerous and diverse species,the distribution of a wide range,with these advantages,at the same time,also these cultural relics protection and management for our country brings great difficulty.Despite the end of the national cultural relics census,for the third time,it has been five years.But after the census of the large number of low level of protection of cultural relics protection units and not included in the protection level(or)identity does not have official cultural relics capitals.They are almost in a blank area of legal protection.Immovable cultural relics in our country in the number of different protection level division had not harmonious,the proportion of successful development or get government funds to support the high level of protection of cultural relics to basically unmovable cultural relics,accounts for only a small part of the total number of cultural relics,the distribution of the overall present a "wedge".In the existing within the system of administrative law and criminal law on the protection of cultural relics,we should attach great importance to the protection level of low level cultural relics and that not included in the legal norms of immovable cultural relics.High level relics are few,so in this paper,standing on the perspective of law and economics gradually explore the influence of legal economics law to the protection of cultural relics.Through microeconomics tools to in-depth analysis of the existing legal norms of typical provisions concerning immobile cultural relics protection;In addition,by adjusting the legal nonns and introduce some incentive mechanism to mobilize the enthusiasm of the whole society to protect the cultural relics.As the research path,based on law and economics has carried on the independent thinking to these problems,the article besides summary and introduction,a total of three parts:The first part of the empirical analysis as the main research methods,objectively present a big data calculation and statistics,the research object of this article discussed in detail,in order to show our country reality cannot move to the protection of cultural relics.The second part focuses on the study of law and economics uniqueness,based on the current economic and legal effect as the cornerstone,from the direction of dialectical materialism and historical materialism to interpret low protection level unmovable cultural relics of the rule of law relationship.Found in this part from the micro-economic effective economic analysis tool,from our country's laws,regulations,rules and regulatory documents of the protection of cultural relics.In the selected,it has typical legal norms,and one by one on the theoretical analysis on the legislation,enforcement and law-abiding.The third part of the article,we use of the strategy of the combination of law and economics,from basics to improve protection of low protection level immovable cultural relics.The ultimate goal of this paper is hope that through to our country objective understanding of cultural relics and the preliminary application of legal economics,the public can see clearly balance protection of cultural immovable relics in China urgently needs,for the legislation,law enforcement,the law provides a new attempt.