Research On The Legal System Of Protection Of Human Remains In China

The law of our country has not defined the human remains, many scholars did Human remains are the material and cultural parts of cultural heritage. The difference between human remains and cultural relics is that the human remains are immovable cultural relics, and movable cultural relics do not belong to the category of human remains.Human remains feature non-renewability, interiority and scarcity.The legislation of human remains of our country might trace to Antiques Preservation Law in 1930 and Antiques Preservation Law Rules of Procedure in 1931. Along with the new China's establishment, State Council promulgated decree to protect the historical site ruins, the scenic spot and historic resort, and it was until Law for the Preservation of Cultural Relics in 1982 that our country started to form the more complete human remains protection system. But still there is not an independent legislation of human remains rather manifesting as cultural relics in the law. After the promulgation of Environment Protection Law, human remains are gradually separated from the cultural relics,Rule for Protection of Historical City Famous Town Famous Village promulgated by the State Council on July 1, 2008 was the first administrative rule in view of the human remains in our country. The legislation system of human remains in our country take Law for the Preservation of Cultural Relics primarily and other related environmental protection laws and regulations as auxiliary, which manifests the tendency of the unceasing improvement of idea, the constant enlargement of protected objects and the unceasingly complete concrete system. But there still exist the problems of the overall low levels, the incomplete system, the ambiguous effectiveness as well as the insufficient depth and broadness.It is significant for completing the human remains in our country through analyzing legislation pattern of human remains in French, England and Japan and the advanced protection system. The legal system of human remains in our country can be completed from the next several aspects: Firstly, it must be definite about the protection principle of human remains. Secondly, the legislation system should be perfected and a fundamental law of human remains should be established.Under the fundamental law instruction, and we must complete each specific law, the government rules and the related regulations laws, also, a special law can be made on account a certain regulation and human remains. Finally, we must perfect the deficient protection system and append the insufficient system.