A Study On The Problems And Countermeasures Of The Law On The Protection Of Cultural Relics Insurance And Its Implementing Regulations

Our country is a great country of cultural relics,and the number of unmovable cultural relics is quite large,almost everywhere.However,at the same time,the speed of loss and damage of immovable cultural relics is also astonishing.In China,there are not only the departmental laws which have been amended almost once a year in recent years,but also the Law on Cultural relics Protection of the people's Republic of China(hereinafter referred to as the on the Protection of Cultural Relics),as well as the administrative rules and regulations implemented to protect the protection of cultural relics of the people's Republic of China.Implementing regulations(hereinafter referred to as the implementing regulations),Major cultural relics provinces,such as Shaanxi,Shanxi,Henan,and other places,have also issued separate regulations on the work related to the protection of cultural relics by local governments;but they have still not nipped the destruction and damage of immovable cultural relics at the beginning of their infancy.From the perspective of the course of revision,The civil protection law and the implementing regulations have been amended many times in a short period of time;since the implementation of the law,the news about the loss and damage of immovable cultural relics has repeatedly aroused a strong public opinion.There is no argument for the removal of immovable cultural relics,and the hearing procedure,The damage of immovable cultural relics is caused by the low illegal cost.From the discussion of immovable cultural relics and cultural relics should be merged into the "cultural heritage" is a term,to begin to explore the problem of security law,punishment means a single,lack of legal liability provisions is not enough;from the introduction of cultural relics protection and try to build a compensation fund system,to expand the scope of security work has been to;try to establish the evaluation system of cultural relics and the rational use of both social and economic benefits achieved,and finally began to discuss the regular law enforcement standardization level,is our country scholars of the two law is the law and the implementation of the Security Ordinance is very effective,beneficial and useful system,policy provisions.Try to cultural relics especially the immovable cultural relics can not be damaged or even large cultural relics are not reversible.And since the law since the implementation of the immovable cultural relics destroyed,artificially damaged,damaged the message repeatedly See not fresh,the reason is not specified,the legal consequences of the immovable cultural relics that need to be removed and relocated to remote protection program is simple and arbitrary,liability law order is too low or even no clear force,light punishment and single means of illegal costs and extremely low,for example,only money reduces this such punishment was not enough;the audit committee should be composed of feasibility,strict examination and approval and hearing verification procedures between the requirements of governments at all levels and departments of mutual supervision and supervision,give security unit construction tax relief subsidies and other preferential policies,the introduction of more diversified means of punishment,such as mandatory law,administrative responsibility and double punishment,supplemented by the expansion of subject and object body category unhistorical work,raise the threshold of law enforcement qualification admittance system,and carry out publicity and public opinion control media,to complete the security people's behavior and the guidance The perpetual use of things.In addition to calling on the state to establish a system of cultural relic protection and compensation funds to be funded by the government with social capital,commercial insurance should also be encouraged to intervene in the field of civil insurance.If a lot of commercial insurance can increase the kinds of insurance coverage that lose their own interests or limit their rights because they have fulfilled their civic obligations to protect cultural relics,the enterprise units and other organizations will have their own choice of whether or not to take out the insurance in advance.The amount of the claim may also be paid at a later stage.Corporate units and other organizations are also able to plan risks in advance,without pushing the risk to the government.In the course of implementation of the Civil Insurance Law,all judicial and law enforcement administrative organs are required to abide by the law,strictly enforce the law,investigate violations of the law,and everyone who complies with the law has the responsibility to abide by the law.In order to safeguard the authority and dignity of the law,we should constantly improve our consciousness and initiative in strictly enforcing the law,in the administration of justice and in handling affairs in accordance with the law,so as to enforce the law in accordance with the legal authority and legal procedures.We should thoroughly implement Comrade Xi Jinping's policy of "letting cultural heritage live",and fully implement the work policy of 'protect first,save first,make rational use of it,and strengthen management'.To promote the development and utilization of cultural relics for sustainable development,to introduce social capital and public participation,and to balance the rights and interests of all parties,so as to enhance the enthusiasm and initiative of cultural relics conservation,and enable the achievements of cultural relics protection to benefit the people more.To make it more close to the daily life of the people is the meaning of the sustainable development of civil insurance.