Research On The Construction Of The Public Interest Litigation System For The Protection Of Cultural Relics

Cultural relics are not only the spiritual pillar and ideological sustenance of a country,but also the basis of national economic strength.Through cultural relics,we can review history from the aspects of politics,economy and culture,and see the change and prosperity of the whole dynasty.It is our bounden responsibility to protect cultural relics.At present,the protection of cultural relics in China is facing major difficulties.On the one hand,there are many acts of robbing,damaging and destroying cultural relics,and the cultural relics are seriously damaged;On the other hand,the current legislation can not form a strong protection for cultural relics,and the administrative law enforcement of cultural relics protection is not in place in protecting public interests.However,there are some problems in the provisions of these laws on the protection of cultural relics,such as blank system and unclear punishment.According to the existing laws,cultural relics cannot be effectively protected.The purpose of public interest litigation is to protect public interests.The subject of prosecution does not require an interest relationship with the damage result.Cultural relics are public goods,and the subject of their rights is uncertain.The destruction of cultural relics will naturally damage the public interest.Therefore,the inclusion of cultural relics protection in the scope of public interest litigation can form an effective protection for cultural relics damage.In China's practice,most cases of damage to social and national interests caused by cultural relics are brought by procuratorial organs or relevant social organizations in the name of "environment" to "protect cultural relics" and through the environmental public interest litigation system.In other words,in the absence of an independent public interest litigation system for cultural relics protection,most cases provide relief to cultural relics by referring to the public interest litigation system for environmental protection.However,through the comparison between the concept of environment and the concept of cultural relics,they only overlap in cultural relics.For other types of cultural relics,the relief can not be realized according to the public interest litigation system of environmental protection.Therefore,at this time,it is necessary to separate the public interest litigation system of cultural relics protection from the environmental public interest litigation system and establish a complete public interest litigation system of cultural relics protection.Cultural relics are the product of the long-term development of human history.The process of history determines the non replicability and non renewability of cultural relics.After the cultural relics are damaged,it is impossible to restore the cultural relics to their original state.Therefore,for the relief of cultural relics,we should emphasize a certain degree of prevention.The civil public interest litigation system does not take the occurrence of specific damage as the premise,and is adapting to the special attributes of cultural relics in China;In practice,the responsibilities of the competent authorities of cultural relics are not in place,resulting in the expansion of cultural relics damage and irreparable losses.The omission of administrative organs is the main reason for the expansion of most cultural relics damage.Therefore,the independent protection of cultural relics should construct the public interest litigation system of cultural relics from two aspects: civil public interest litigation and administrative public interest litigation.To build an independent civil public interest litigation,we should list individual citizens and the competent department of cultural relics protection as plaintiffs on the original basis,and establish a punitive compensation system on the basis of general responsibility;Build an independent administrative public interest litigation,take the procuratorial organ as the plaintiff,and identify the acts and omissions of the administrative organ.