A Study On The Legal Issues Concerning The Protection Of Unrated Immovable Cultural Relics

As one of the four ancient civilizations,China has accumulated the culture that lasts 5000 years,and the treasure left by our ancestors---cultural relics,as a living fossil appearing 5000 years of splendid civilization,which can always show the past in front of the world like a painting.Under the existing rating system of immovable cultural relics,cultural relics protection units at all levels have been protected as they should be during both legislation and practice.However,the outstanding problem we are facing now is the mass disappearance that large amount of immovable cultural relics which have been registered by the cultural relics census,but not yet been announced as heritage conservation units facing.As a well-known province that full of cultural relics in China,abundant cultural heritage is important resources for sustainable development of Shanxi,nevertheless,up to 88.7%of cultural relics are under a protection situation which is not optimistic,especially the non-state-owned unrated immovable cultural relics.Under the current identification and protection system,because the protection of unrated immovable cultural relics belongs to out-of-focus legislation in Shanxi,and the certain legislation is too scattered,short of operability and lack of local characteristics,meanwhile,the discordant between administrative departments of cultural relics protection and lack of deep identification towards the value of unrated immovable cultural relics,once the relics conflict with such benefits like person interests and development of urbanization,it will not get timely and adequate protection all the time.The paper intends to analyze the problems existing in the current legislation and judicial practice,and actively learn from the experience of other countries,put forward some suggestions to fulfill the protection system of unrated immovable cultural relics through the aspects of establishing the government preemption of unrated immovable cultural relics,stipulating the cognize-register-publish-protect system of unrated immovable cultural relics,setting up the public interest litigation and encouraging non-governmentalorganizations and individuals to play a huge role.To hopefully provide some constructive advice of protecting the abundant cultural relics of Shanxi in a better way.The text can be divided into three parts:The first part is called the investigation of current situation on the legal protection of unrated immovable cultural relics in Shanxi province,it start with defining the meaning of unrated immovable cultural relics,then it confirms the existing unrated immovable cultural relics in Shanxi and their characteristics,moreover,it points out the legal basis and judicial status of protecting the unrated immovable cultural relics in Shanxi.The second part refers the legal problems in the protection of unrated immovable cultural relics in Shanxi,and analysis them from two angles of legislation and law enforcement practice.The third part proposes the Legal countermeasures for protection of unrated immovable cultural relics in Shanxi,directing on the problems the last part pointed out.