| In recent years,with the acceleration of urban construction in various places,illegal acts of destroying state-owned immovable cultural relics have emerged one after another.But at the same time,the administrative law enforcement of cultural relics is weak,and other social entities have been marginalized for a long time.The protection of state-owned immovable cultural relics is not optimistic.Under the traditional litigation model,only persons with direct interests are qualified to initiate administrative or civil litigation.State-owned cultural relics are public goods,and the subject of their rights is unspecific,and there is no direct stakeholder in the general sense.In judicial practice,non-interested parties cannot punish offenders through litigation.The purpose of public interest litigation is to protect the public interest,and the subject of the lawsuit may have no interest in the consequences of the infringement.Destroying state-owned immovable cultural relics will harm the public interest,so the protection of state-owned immovable cultural relics can be included in the scope of public interest litigation to supplement the administrative law enforcement of cultural relics.The current academic research on the public interest litigation system for cultural relics is still in its infancy.This article analyzes the feasibility of establishing a public interest litigation system of state-owned immovable cultural relics,sorts out the legislative and judicial status of the public interest litigation for state-owned immovable cultural relics,and summarizes the problems.Based on predecessor research results and the theory and practical experience of environmental protection public interest litigation,from the four aspects of subject qualifications,litigation procedures,guarantee mechanisms,and supporting measures,suggestions are made on the design of my country’s public interest litigation system of state-owned immovable cultural relics. |
PDF Full Text Request