Research On The Legal Protection Of Underwater Cultural Heritage In China

The ocean is the largest museum of humanity.The Chinese civilization has a long and splendid history and profound heritage.As a large ocean country,China has a rich underwater cultural heritage.The exhibition of Huaguang Reef I in the Hainan Provincial Museum is an important milestone in the protection of underwater cultural heritage in China.The destruction of its ruins and the inclination of the hull have caused the society to ponder over the protection of underwater cultural heritage.Over the years,along with the continuous maturity of underwater exploration and development technology,under the influence of interests,human beings have begun to salvage underwater cultural heritage on a large scale.The phenomenon of illegal fishing has intensified,and countless underwater cultural heritage has been destroyed huge.However,the legal protection of underwater cultural heritage protection has always been a weak link in the protection work.The legislative protection of underwater cultural heritage in China is mainly concentrated in the Regulations on the Protection of Submerged Waters.However,the provisions of the regulations are simple and too restrictive.In general,it is difficult to form a comprehensive protection of underwater cultural heritage.This paper mainly studies the problems existing in the legal protection of underwater cultural heritage in China through the protection of the status quo,problem analysis,extraterritorial legislation and improvement suggestions.The first part analyzes the status quo of current underwater cultural heritage legislation and the status quo of judicial protection in China.The diversification,protection scope,ownership,reporting and payment system,archaeological excavation system.reward system and chase of the underwater cultural heritage protection subject at this stage The responsibility mechanism has been studied,and the status quo of underwater cultural heritage protection in China is discussed in light of the current judicial situation and specific cases.The second part mainly studies the problems existing in the legal protection of underwater cultural heritage in China.Among them,the problems mainly include:the definition of underwater cultural heritage is unclear;the report finds that the system is imperfect,the reward mechanism is unreasonable;the principle of in situ protection is neglected,the regional protection is imperfect;the division of labor is unknown,the system is not in place;the underwater cultural heritage protection and Coordination of related relationships;public awareness of protection is weak.The three parts are based on the problems existing in China,and specifically examine the characteristics of extraterritorial national laws,regional documents,and international conventions,such as:France's discovery report reward system,punishment system,and law enforcement subjects.Italy Cultural gendarmerie system,preparatory plan,vertical management of central and local areas,Indonesia's salvage and wreck protection association and reporting system,Brazil's characteristic underwater cultural heritage protection agency,licensing system and future plans,the UK conducts special control according to the principle of importance Protection,the United States protected area system;the principle of in situ protection in regional documents,the principle of information sharing and international cooperation between States Parties,the return of excavations,and the promotion of public education principles;The Convention on the Protection of Underwater Cultural Heritage defines four principles and concepts:preservation of underwater cultural heritage for the benefit of all mankind,prohibition of commercial development,in-situ preservation and international cooperation.Finally,according to the current situation and existing problems of underwater cultural heritage protection in China,through learning from successful experience abroad,the following suggestions are put forward:defining underwater cultural heritage clearly,improving relevant laws and regulations;perfecting the discovery report system,refining and improving the reward system;establishing the principle of in-situ protection,improving the regional protection mechanism;defining the division of labor and improving the protection system;The protection of underwater cultural heritage is related to the protection of underwater cultural heritage,and people's awareness of protection should be enhanced.