A Study On The Administrative Legal System In The Protection And Development Of Ancient Towns

In recent years, due to the lack of protection measures and excessive tourism development, a large number of cultural heritages in Ancient towns and villages are suffering damaged; meanwhile social contradictions are also rising. According to Chinese Law, cultural relics in China belong to the state, and a lot of laws and regulations authorize local government to take charge of protection, management and supervision of ancient towns and villages. However, a large number of ancient buildings, ancient cultural relics and lands are owned and actually possessed by individuals or collective. In addition to the public interest, there isn’t any law and regulation authorize government operate business activities with resource of Ancient towns and villages, therefore, according to the legal process, government will restrict real right after the consent of the holder in the development activities. The whole development and management activities compulsively limit the owners’ rights of disposal and earnings of their property without compensation from the government. Therefore, in the process of ancient towns and villages’ protection and development, there have been several contradictions like, country own in form while individuals own in actually, administrative power restrict real right while real right is exclusive.Through collection and analysis of Chinese ancient towns and villages’ protection and development manner, most of the government’s protection measures were to invest and develop after the restoration of cultural heritage. The way of administrative regulation can be divided into two categories. The first is to realize the land and property of ancient towns and villages nationalized through administrative levy. Although this operation make government get ancient towns and villages’ property completely, the feature of levy behavior for non-public welfare make the wide-range levy activities illegal. Second, ancient towns and villages’ citizen to participate in the activities of development, the governments realize the protection and development through four modes:setting up specialized agencies to manage directly, franchising, intervening actually while not being directly involved, being not involved in the development at all.Through analysis of all kinds of development modes, the author reposition the government regulation in ancient towns and villages’protection and development, suggest to introduce third-party operators while the government’s regulatory authority being limited in administrative guidance and administrative supervision, and the regulation object are mainly operators. Via this way, we could achieve the goal of transfer of administrative regulation object from individual real right to the operating activities. At the same time, the government should sign administrative contracts with operators and property owners, so as to realize clarity and standardization of the rights and obligations of the public power.