Study On The Protection Of Cultural Heritage By Environmental Law

Cultural heritage is the sum of material and spiritual wealth created and left by human society in its long historical development process,including material cultural heritage and non-material cultural heritage.In order to protect the cultural heritage and its environment from destruction,protect the public interests related to the cultural heritage,protect the environmental rights of the residents around the cultural heritage and adapt to the international and domestic development trend of cultural heritage protection,it is necessary to protect the cultural heritage by environmental law.The environmental protection of cultural heritage in China is realized through the Environmental Protection Law of the People’s Republic of China,the Environmental Protection Law of Special Regions and local environmental laws and regulations.The current environmental laws and regulations are an important basis for the protection of cultural heritage,but there is still a lack of equality and differentiation in the legislative concept.In terms of the legislative system,the Environmental Law lacks special provisions on the protection of cultural heritage and the Special Area Protection Law lacks special laws on the environment of cultural heritage.Lack of integration and systematization in legislative content;In the relevant system,there is a lack of preventive protection system and the public participation system is not perfect.The United States,Italy and Japan have carried out abundant practice in the protection of cultural heritage environmental laws,and have the system and concept that can be used for reference.National Park System and Cultural Resources Impact Assessment System in the United States;Italian modernity prevention and protection system and public participation system;Japan’s historical fashion protection system and the concept of non-material protection.Combined with the current situation of environmental law protection of cultural heritage in China and the practice of foreign countries,China should establish the concept of equal and differentiated legislation.The Environmental Law has formulated special provisions on the protection of cultural heritage and formulated special laws on the protection of special areas of cultural heritage.Formulate integrated and systematic legislative content;We will establish an impact assessment system for cultural resources and improve the public participation system.