Research On The Legislation Of Historical And Cultural Protection In Anhui Province

History and culture are the core of the development of a country and a nation.Our country attaches great importance to the spiritual core contained in history and culture to give the people a cultural nourishment in their hearts.The local legislative work in the new era is to regard historical and cultural protection legislation as an important direction for practicing cultural self-confidence..However,the legislation of historical and cultural protection has not been able to receive the attention it deserves.No matter the theoretical research or legislative practice,there is very little attention in this field.This has caused the scope of historical and cultural protection in local legislation.There is no consensus on the principle and other issues.As a province with a long history and profound cultural heritage,and a large number of cities with local legislative powers,Anhui Province has great value in the study of its historical and cultural protection legislation.Therefore,this paper selects the local legislation of historical and cultural protection in Anhui Province as the research object for empirical analysis.Through the investigation of the status quo of historical and cultural protection legislation in Anhui Province,the characteristics and problems of historical and cultural protection legislation are discovered.Finally,the defects of historical and cultural legislation are proposed.Suggest.The first part of this thesis starts from the general theory of historical and cultural protection,and discusses the scope of definition of historical and cultural protection in local legislation.The local legislature takes historical and cultural values as the consideration criteria and materiality as the carrier with historical culture.Representative cultural relics,ancient cultural relics,famous villages,famous towns,famous cities,and other historical and cultural buildings with historical and cultural connotations,as well as non-material cultures such as opera,acrobatics,religious culture or traditional techniques formed by traditional culture.Legislation as the object of protection is the legislation of historical and cultural protection.Then the author led to the basic principles and special principles of legislation in the field of historical and cultural protection.The basic principle is the general principle followed by legislative activities.The special principle is the principle to be followed in the protection of historical culture in the legislation of historical and cultural protection.It is the principle of combining protection with emphasis on truth-seeking and authenticity,and attaches importance to overall protection and Rationality planning principles.The second part examines the status quo of the legislation of historical and cultural protection in Anhui Province.Firstly,it analyzes the legislation of historical and cultural protection of Anhui Province from the legislative induction and legislative matters,and then analyzes the clauses from the terms of protection,administrative subject and legal liability.Through these empirical analysis,the status quo and characteristics of the historical and cultural protection legislation of Anhui Province can be observed more intuitively.The third part is based on the investigation of the historical and cultural protection legislation of Anhui Province,which summarizes the shortcomings of the current historical and cultural protection legislation,namely,the lack of legislation,the imbalance of legislative items,the serious homogenization of non-legacy legislation and the protection methods.Imperfection,imperfect legal liability system and lack of post-legislative assessment.Based on the combination of theoretical research and the experience of historical and cultural protection legislation in other parts of China,the fourth part proposes a detailed legal concept of perfecting historical and cultural protection legislation from five aspects in view of the shortcomings of historical and cultural protection proposed above.The specific recommendations are:increase the number of legislation,balance legislative items,independent innovation legislation,improve and refine the protection methods,improve the legal liability system,and actively carry out post-assessment of historical and cultural protection legislation.The author hopes that these legislative proposals can help the legislature to further improve the historical and cultural protection legislation,and it is helpful to improve the historical and cultural protection work.