Research On The Legal Protection Of Historical And Cultural Villages And Towns In China

At the decisive moment of building a moderately prosperous society and building a modern socialist country in an all-round way,the 19th National Congress of the Communist Party of China has made a major strategic plan for implementing the rural revitalization strategy.In January 2018,the CPC Central Committee and the State Council issued the "Opinions on Implementing the Rural Revitalization Strategy"(hereinafter referred to as"Opinions").The "Opinions" pointed out that it is necessary to define the historical and cultural protection lines of rural construction.To protect cultural relics and historic sites,traditional villages,ethnic villages,traditional buildings,agricultural relics,and irrigation engineering heritage from the cultural,talent,financing,institutional and other aspects of the development requirements for rural revitalization.As an important historical and cultural heritage and human remains of our country,historical and cultural villages and towns are one of the important contents of the protection of Law on the Protection of Cultural Relics and China' s Environmental Protection Law.However,with the rapid development of urban-rural integration,historical and cultural villages and towns face a series of problems such as humanistic value degeneration and the destruction of the historical features.In order to implement China's rural revitalization better and development strategy,protect China' s cultural heritage and its development environment,it is urgent to improve the system of legal protection of historical and cultural villages and towns in China.Based on the current legal system and legal mechanism of historical and cultural villages and towns,this paper analyzes the problems existing in their legal protection by using the methods of normative analysis and logical induction,and draws lessons from the experience of the outside world.The countermeasures to improve the legal protection of historical and cultural villages and towns are put forward.In addition to the introduction and conclusion,this article has five parts.The first part expounds the meaning,characteristics and legal basis of the protection of historical and cultural villages and towns,and solves the problem of "what" and "why" in this paper.Historical and cultural villages and towns are a regional concept.The villages and towns contain many movable cultural relics and immovable cultural relics.The protection of historical and cultural villages and towns should adhere to the principle of overall protection,and comprehensively protect their material cultural heritage,intangible heritage and surrounding environment.In addition,as the protection content of China' s Environmental Protection Law,the concept of sustainable development and the concept of environmental rights provide a legal basis for its protection.The second part begins with China' s current laws and regulations on historical and cultural villages and towns.From the two dimensions of legal system and current mechanism,it discusses the status quo of legal protection of historical and cultural villages and towns in China.It can be seen that China' s historical and cultural villages and towns legal protection system has been relatively complete and has formed a unique legal protection system.In the third part,through the analysis of the first two parts,the problems in the legal protection of historical and cultural villages and towns in China are discussed.Problems in the legal mechanism,such as unreasonable provisions for the protection of private immovable cultural relics,unclear responsibilities of the competent authorities,imperfect exit mechanisms,and imperfect protection of financial mechanisms;problems in the implementation of laws have been highlighted,and the implementation of protection plans is not in place.And poor public awareness.The fourth part takes Italy,France and Greece,whose cultural heritage protection achievements are more remarkable,as an example,sums up and analyzes their experiences in protecting cultural heritage such as ancient villages and towns,so as to provide reference for the legal protection of historical and cultural villages and towns in China.The fifth part proposes the legal countermeasures and suggestions for protecting the historical and cultural villages and towns of our country in view of the problems raised in the third part and drawing on the experience of foreign countries.In terms of the legal system,it is necessary to improve the private ownership system of non-movable cultural relics,improve the exit mechanism,and improve the financial security system by means of broadening the channels for protecting funds by protecting and supervising private immovable cultural relics and establishing compensation mechanisms.In terms of law implementation,the implementation of protection plans should be strengthened and the protection awareness of all parties should be enhanced.By perfecting the system and implementing reasonable measures,we can better protect the cultural heritage of China;s historical and cultural villages and towns,and solve the problem of "how" in this article.