The Legal Mechanism For The Cross-strait Cooperation In Protecting The Underwater Cultural Heritage In The South China Sea

Underwater cultural heritage is known as the museum in deep sea,which records the development of human history,science,culture,crafts,etc.It is significant for tracing human history.However,the incidents of theft and destruction of underwater cultural heritage have occurred frequently.The pictures of destroyed sites,shipwrecks and porcelain in the news reports are heartbreaking.If the state does not actively take action to regulate the management of cultural heritage,the loss and destruction of cultural heritage will become a great loss for China.The two sides of the Taiwan Strait are part of China,in order to protect the Chinese nation's museums that have been left in the South China Sea for thousands of years,both sides of the Taiwan Strait should bear heavy responsibility of protecting the cultural heritage under the South China Sea,and to protect the common national culture.In order to protect the cultural heritage under the South China Sea,this thesis aims to promote cross-strait cooperation in the preservation of cultural heritage under deep sea,and to build a cross-strait cooperation mechanism.This thesis is composed of five parts.Firstly,it mainly introduces the research background and significance of the article,and the dilemma faced by the underwater cultural heritage in the South China Sea.The second and third parts mainly introduce the international and domestic legal provisions about the protection of underwater cultural heritage.It explore the legal basis for cross-strait cooperation from the definition of underwater cultural heritage,the ownership and jurisdiction of underwater cultural heritage by coastal states in various sea areas,the fundamental principles of protecting underwater cultural heritage,and the specific system of protecting underwater cultural heritage.The fourth part which is based on the analysis of preceding text is to extract the legal problems that may exist in the preservation between the two sides of the strait.The main problems including the definition of underwater cultural heritage is unclear,the ownership of underwater cultural heritage by coastal States in various sea areas is difficult to determine,and the jurisdiction is difficult to divide etc.Then,some suggestions are also put forward to solve the above issues.According to combines the legal basis and legal problems of the previous analysis,the fifth part constructs a cooperation mechanism for the protection of cultural heritage under the Sea.The mechanism includes cooperative purposes,cooperative regions,basic principles of cooperative protection,and cooperative modes and scope.The sixth part summarizes the full thesis,and re-emphasizes the need for protection of cultural heritage under the South China Sea.At last,it calls on the two sides to reach cooperation earlier and jointly protect the cultural heritage under the South China Sea for the cultural prosperity of China.