Research On Legislation Of Historical And Cultural Protection Of Cities Divided Into Districts

"Historical and cultural protection" is a legislative competence granted to the cities divided into districts after the revision of the Legislative Law in 2015.Although this legislative competence needs to be explained because it is highly general,the legislator has not responded,and the academic community has not paid much attention.However,it has been more than seven years since the revision of the Legislative Law.As of 2022,cities divided into districts have issued a total of 347 local regulations in the field of historical and cultural protection,providing a research sample for a comprehensive investigation and understanding of the connotation and scope of historical and cultural protection.Therefore,based on these 347 local regulations,we first analyze the current legislative status from the perspective of time and region,and find that cities with districts are paying more and more attention to the field of historical and cultural protection.The local legislation for the historical and cultural protection in cities divided into districts has achieved full coverage in 27 provinces and autonomous regions across the country.The degree of economic development positively affects the number of legislation for the historical and cultural protection.Secondly,from a microscopic level of in-depth investigation of these 347 local regulations,it is found that the current legislation of cities divided into districts in the field of historical and cultural protection mainly has eight themes: protection of cultural relics,protection of famous historical and cultural cities,towns and villages,protection of intangible cultural heritage,protection of new cultural heritage,protection of cultural remains,protection of ancient and famous trees,protection of historical buildings,protection of comprehensive cultural heritage.Finally,returning to the norm itself from the practical level,through the exploration of four interpretation methods: textual interpretation,systematic interpretation,historical interpretation and purpose interpretation,it is found that the overall understanding of "historical and cultural protection" should be: local legislatures should use historical,cultural value-oriented,in accordance with the protection requirements of authenticity and integrity,special legislation on historical and cultural heritage with local characteristics,and strive to achieve comprehensive protection and rational use of historical and cultural heritage in the legislation,in order to continue the history cultural context,to achieve the sustainable inheritance and development of history and culture,and provide legal protection.As for the extension scope of "historical and cultural protection",combined with the understanding of the eight categories of thematic regulations existing in legislative practice,it can be roughly defined as the material form of history and culture mainly represented by cultural relics,cultural remains and historical buildings,and the intangible form of history and culture mainly represented by intangible cultural heritage,and the comprehensive form of history and culture mainly represented by famous historical and cultural cities,towns and villages,vernacular architectural heritage,industrial heritage,cultural route heritage,and comprehensive cultural heritage.