Research On The Legal Issues Of The Protection And Development Of Traditional Villages Under The Rural Revitalization Strategy

Under the requirements of building a socialist law system,regulating the protection mechanism of traditional villages from the legal perspective has become an urgent problem to be solved in the process of revitalizing the village.The existing coping and phased protection measures have been unable to protect traditional villages,leading to the decay of traditional villages and the destruction of traditional buildings.Systematic and legal protection of traditional villages is conducive to standardizing the legal status of government,villagers and other protection subjects;it is conducive to clarifying the legal relationship between government,social capital and village collective economic organizations in commercial development;it is a positive response to the revitalization of rural strategies.It is a positive response to the reflection of the main contradictions in the new era of new society;it has guiding significance for the protection of the rule of law in traditional villages.Therefore,this paper analyzes the development of traditional village protection laws and regulations,and studies the limitation on existing laws on the development of traditional village protection.This paper conducts information inquiry and related case search on relevant websites,and statistics on the actual development status of traditional villages in four regions where local regulations have been formulated.Combined with the existing legal protection system,it is found that the traditional village protection status and protection have been created.The root cause of the problem lies in the limitations of the rural land system.Specifically,it includes two aspects: First,collective ownership rural land leads in the conflict of rights caused between the traditional building owners and the government as the main body of protection in the protection process;Second,under the government-led protection,the implementation of protection funds is not in place,which makes it difficult to carry out protection work.In order to solve the problem of protecting funds,the solution adopted by the government is to explore the issue of “three powers separation” in the homestead and solve the problem of collective land entering the market.This policy can balance the conflict between the security and property of rural housing sites.However,in actual operation,although social capital can be invested in the protection and development of traditional villages,the problem of dividing the interests of the government,social capital,and village collective economic organizations in the process of protecting and developing traditional villages remains to be clarified.Therefore,in order to protect the development of traditional villages,to achieve rural revitalization,and to respond to the construction of a country under the rule of law,by reconstructing the traditional village house site and building protection system,this paper introduces the public easement to implement the administrative and cultural functions of the government to protect traditional buildings on the basis of not violating the private subject rights;This paper gives a legalized analysis on the introduction of social capital protection and the development of traditional villages as well as analyzes and standardizes the traditional village tourism protection and development model.