Study On The Public Interest Litigation System For The Protection Of Cultural Relics

At present,China's cultural relics are facing severe destruction,and relevant laws and regulations for the protection of cultural relics are not sound.The existing legal sources for the protection of cultural relics in China include the constitution,the criminal law,the law on the protection of cultural relics of the People's Republic of China,and the regulations on the implementation of the law on the protection of cultural relics of the People's Republic of China.However,these laws have limitations on the protection of cultural relics,such as the absence of regulations,weak applicability and lack of punishment,so new legislation is urgently needed to be interpreted or supplemented.In view of the current situation of cultural relics destruction and legal loopholes,this paper proposes that cultural relics protection be included in the scope of accepting cases of public interest litigation.The feasibility lies in: giving full play to the supervision function of procuratorial organs,urging the administrative subjects to perform their duties according to law and investigating the legal responsibility of the perpetrators for harming public welfare.Finally,it proposes to construct a public interest litigation system for the protection and prosecution of cultural relics,and discusses in detail the prosecution conditions,litigation procedures,burden of proof,cost bearing,court judgment and execution of the public interest litigation for the protection and prosecution of cultural relics.