Protection Of Material Cultural Heritage By Administrative Law

Administrative power as one of the state public power,it is different from the traditional legislative power is that it can not only through administrative legislation to build and improve the protection of intangible cultural heritage legal system and the rule of law system,can also through administrative law enforcement and administrative rule of law supervision to ensure that the intangible cultural heritage protection laws,regulations,regulations and other normative documents to specific implementation.The administrative power is different from the judicial power lies in its positive and active characteristics.It can confirm the object and scope of the intangible cultural heritage protection,construct specific protection measures,implement targeted and comprehensive protection,and punish and sanction the acts of destroying the intangible cultural heritage according to the specific circumstances.Administrative law,as a relevant administrative law and an administrative law,on the one hand,can guide the administrative power to operate on the track of the rule of law;on the other hand,it can correct illegal or improper administrative acts in time through the administrative legal supervision system set up by the administrative law.Therefore,to ensure that administrative power plays a positive role in the protection of intangible cultural heritage,the escort of administrative law is indispensable.Since the founding of new China,the Chinese government at all levels and its related functional departments in the intangible cultural heritage protection,inheritance and development has made a lot of efforts,for the relevant intangible cultural heritage protection and development of the legal system is gradually improved,the relevant intangible cultural heritage protection of administrative organs to establish and perform their duties.However,the loss,loss and destruction of China’s intangible cultural heritage still occur from time to time,especially in the rapid development of China’s market economy and the acceleration of urbanization,the administrative law protection of intangible cultural heritage is facing many new obstacles.In order to solve the obstacles,the current administrative law on the protection of intangible cultural heritage urgently needs to be improved through legislation,law enforcement adjustment and follow-up,and further scientific construction of the administrative legal supervision mechanism.Based on the practical needs of the protection and development,take the example of administrative law protection,the existing administrative legislation,administrative law enforcement and administrative legal supervision problems,and compare the experience,put forward how to further improve the protection of intangible cultural heritage administrative law,in order to serve the practice of intangible cultural heritage administrative law protection.