Research On The Legislation Of Cultural Heritage In China

Every cultural heritage is the crystallization of human wisdom, which records the history and culture .At this times, cultural heritage is no longer an unfamiliar term to the public, even at the same time ,tours of heritage gradually step into people's lives. With heritage attracting more and more attention, the issue of how to protect heritage, is being studied from legal, institutional, ideological, theoretical, methodological and technical points of view. On this basis, the author, from a legal point of view, did some analysis of improving the legislation of protection of cultural heritage.For the sake of protection of cultural heritage, international and domestic laws are interactive. On the one hand, a number of European countries with early awareness of cultural heritage, like France, Italy, have got methods and theoretical studies of earlier maturity, and so there is a corresponding content in the law, which greatly promotes the international legal protection of cultural heritage. On the other hand, in the development of the domestic law, State parties, in light of national conditions, follow the principles and concepts of international laws to achieve effective protection of cultural heritage.With theoretical analysis combined with empirical research, this paper studied the cultural heritage ,setting the Marxist world outlook and methodology as the guide, paying attention to the unity of universality and particularity, using historical analysis, legal analysis, comparative analysis , system analysis and so on as research methods.First we defined the concept of cultural heritage, list out an overview of the theoretical basis for this paper, and then summed up the history and status quo of legislation to protect cultural heritage in China. The relative course of development of international law was included also, on the basis of which, we drew the conclusion that which spirits and which concepts of it are that we should learn; then we adopted the factual analysis of problems of the cultural heritage of China's current legislation and that coming up during law enforcement, to discuss how legislation should be a fundamental solution to these problems. Finally, through investigation of legislation of cultural heritage protection of foreign countries, comparative analysis of the model of legislation, legislative system and the specific provisions, we summed up some ideas and experience desirable to draw on.