Meager Opinion On The Right Of Culture And Heritage

In today's academic field, the research on the culture and heritage mainly focuses on such fields as cultural anthropology, historical geography, and study of museums. And in the law field, which chiefly researches rights and obligations, only the environment law has mentioned it, while the experts of civil law seldom pay attention to it. With insufficient preparations of various theory researches, the effective system for protecting the relative right of culture and heritage has not come into being. In today's China, the system for protecting the culture and heritage is not smooth, and its legislation lags without powerful inspection and effective rights system and legal protection system. Therefore, it is very important to make research on the legal problems of culture and heritage, and it is necessary to introduce a concept of right of culture and heritage. In academia, the research on the right of culture and heritage is on the start-up stage. Many problems relative to the right of culture and heritage have not begun yet. Those existing research has not matured and systematized. As a result, this topic has a great room for exploration and great importance in theory and practice.This paper, on the base of introduction on relevant issues of culture and heritage, firstly demonstrates the rationality of the origin of culture and heritage right, confirming that it is a due right; then transits it as a legal right. After that, this paper defines the concept of culture and heritage right itself, centering on its concept, talks over the content and legal characters of the culture and heritage right. Thus primarily constructs a concept platform and a theoretical framework, which are ready for discussion, for the research of legal problems on culture and heritage. These efforts are all elementary explorations on the right system and legal protection mechanism for culture and heritage right. In conclusion, this paper comes up with relative measures based on the existing situation and insufficiency of legal protection of culture and heritage right as well as international experience in this field.