Cultural Relics Protection Public Interest Litigation Existing Problems And Their Solution

Judging from the results of the third national cultural relics survey,the cultural relics protection situation in China is still grim.Although China's cultural relics protection law and criminal law stipulate the corresponding legal responsibility for destroying cultural relics and stolen cultural relics,they cannot play a positive role in the protection of cultural relics in a timely and comprehensive manner.Cultural relics belong to the wealth of the whole society,a public interest,and the public interest needs to be better protected.The protection of cultural relics can be better with the help of the public interest litigation system.It relies on the state's coercive force to ensure implementation.There will be qualitative improvement in the judicial,law enforcement and propaganda of cultural relics protection.Since October 2018,domestic public interest litigation cases concerning the protection of cultural relics have begun to appear frequently,and it has been filed for the first time in many provinces.Analysis of specific cases,we found that the public interest litigation cases mentioned in the cultural relics,the legal norms based on the relevant provisions of environmental public interest litigation,are the evaluation of cultural relics as the general meaning of the environment.The imperfection of the cultural relics protection public interest litigation system has caused many problems in the cultural relics protection public interest litigation.It is not only the invocation of the law is not clear,but also the problem of the referee results in the actual judicial trial process.In addition to the introduction and conclusion,the body of this article consists of four parts.The first part is to introduce the current situation of cultural relics protection public interest litigation,which is elaborated from two parts: the status quo of legislation and the status quo of justice.The status quo oflegislation briefly describes the provisions of China's current laws and regulations on the public interest litigation system for cultural relics protection,and the current introduction to the process of establishing a public interest litigation system for cultural relics protection.The judicial aspect is to introduce the characteristics of the current cultural relic protection public interest litigation cases and the specific litigation process through case analysis.The second part mainly analyzes the problems existing in the public interest protection lawsuit.Through the specific analysis of the above cases,now,the public interest litigation of heritage protection has problems such as imperfect legislation,difficulty in proof and unfair results of public interest litigation.The third part mainly analyzes the causes of the problems in the cultural relics protection public interest litigation.Through the consideration of the cases and problems,it is believed that the reason of the current cultural relics protection public interest litigation in China is that the rapid development of the economy ignores the protection of cultural relics,and the lag of legislative consciousness There is too much administrative interference in the judicial process.Through the analysis of the causes of the problems and the reference,it is necessary to think that the cultural relics protection public interest litigation system is necessary.The fourth part mainly describes the solution to the problems in the cultural relics protection public interest litigation.From the perspectives of perfecting legislation,clarifying the burden of proof and strengthening legal supervision,combining with the experience of foreign cultural relics protection public interest litigation system,analyzing and summarizing,and making specific suggestions,the public interest litigation system has truly become an important part of the cultural relics protection link.