| Cultural relics witness the development of history and are the important carrier of national spirit inheritance.However,judging from the results of the recent national survey of cultural relics,China is facing severe challenges in protecting cultural relics,and a large number of cultural relics are at risk of being lost or disappeared due to destruction for different reasons.With the characteristics of comprehensiveness,complexity and inheritance,Cultural relics require to be protected by a variety of means and perfect system construction.Compared with the requirements of protecting cultural relics,at present,there is a lack of the legal system and full protection capacity of protecting cultural relics in our country,and our country just takes single measures for protecting cultural relics,which exacerbated the problem of protecting cultural relics,while public interest litigation is aimed to protect public interests and gives the litigation right to the subject of litigation who does not have direct interest in the infringement result,which can effectively relieve the damaged public interest.Therefore,the study of public interest litigation for protecting cultural relics is of great significance to strengthen the protection of cultural relics.However,the lack of legislation on public interest litigation for the protection of cultural relics in China makes there no legal basis for filing public interest litigation on cultural relics protection at the level of judicial practice,and the protection of cultural relics is often achieved through environmental public interest litigation.However,the essential difference between cultural relics and the environment,cultural relics protection public interest and environmental protection public interest determines that environmental public interest litigation cannot solve all cultural relics protection problems,and highlights the limitations of its relief.Therefore,this paper argues that China needs to build an independent public interest litigation system for cultural relics protection to strengthen the active protection of important precious cultural relics.On the basis of the above considerations,the research on the public interest litigation system of protecting cultural relics was mainly carried out from four aspects: first is to analyze whether public interest litigation can be applied to protecting cultural relics and whether the cultural relics can be expanded to the category of public interest litigation by public interest litigation.Whether there is an agreement between the two is demonstrated through the public interest attribute of cultural relics and the theoretical and practical basis and the necessity of including cultural relics into public interest litigation;secondly,the current situation of public interest litigation of protecting cultural relics in China was analyzed in terms of legislation and judicature,so as to understand the existing problems of public interest litigation of protecting cultural relics in our country.Third,the basic problems existing in the public interest litigation of protecting cultural relics in our country were analyzed so as to provide a basis for the construction of the system of public interest litigation of protecting cultural relics;fourth,on the basis of analyzing the legislation and judicial path choice of public interest litigation of protecting cultural relics,the main contents of the public interest litigation system of protecting cultural relics,such as the applicable subjects,scope of application,burden of proof,court jurisdiction and so on were made clear and relevant suggestions were put forward in this paper. |
