The Construction On Public Interest Litigation Of Material Cultural Heritage

Our country is an ancient civilized country which has a long history and owns a large number of material cultural heritage.But many of the heritage have disappeared in the process of urbanization.Meanwhile,with the continual increase of the awareness of democracy and the awareness of rights,the public are enthusiastic about participating in the protection of the material cultural heritage and the voice of it has gradually strengthened.Combined with the 2012 "Civil Procedural Law" amended,the formal public interest litigation system has been established which provides the public a legal approach and support in participation and protection to material cultural heritage.Facing the urgent need for the protection to material cultural heritage,this paper,based on the experience of public participation and the public interest litigation in the western countries and combined with our country's actual situation and specific cases,uses interdisciplinary,comparative and empirical research methods to explore the necessity of the construction and how to construct public interest litigation in the field of material cultural heritage.Thus,through these kinds of research methods above,we can get better protection and inheritance to our rich material cultural heritage.This paper is divided into six parts:The first part is the introduction.This part introduces reasons for choosing the exploration of the construction of public interest litigation system in the field of material cultural heritage,the object of the study and the research methods of this paper.The second part is the current situation of the material cultural heritage protection and the public interest litigation in our country.This part respectively discusses the protection situation of the material cultural heritage and the relevant provisions on the public interest litigation system in our country.The third part discusses the necessity of constructing public interest litigation to the material cultural heritage protection.Firstly,it introduces the relationship between the material cultural heritage and the "public interest".It discusses whether the material cultural heritage protection belongs to the scope of the public interest.Secondly,it discusses the nature of material cultural heritage to the need of the public interest litigation.Thirdly,it analyzes that the public interest litigation is the bridge to the material cultural heritage between judicial protection and social protection as a way of public participation in the cultural heritage protection.Lastly,it discusses that different social circles and judicial practice requires public interest litigation to provide judicial protection to the material cultural heritage.The fourth part discusses the construction of public interest litigation in the field of material cultural heritage.Combining with the experience of different countries and the judicial practice,this part explores the material cultural heritage should have special provisions in the construction of public interest litigation.It should include the plaintiff qualification,reasons for suit,jurisdiction,proof and litigation costs.The fifth part discusses how to perfect the related complete measures of public interest litigation to the material cultural heritage protection.The last part gives a summary to the research.