The Protection Of Underwater Cultural Heritage

Underwater cultural heritage is an important part of cultural heritage, containing the different period of world, different countries and people's special spirit value, the technical level and artistic attainments, witnessed the development process of human history. It has great significance and value, the universe civilization is the rarity of one thousand years of human civilization and the side life portraiture, culture and scientific value.By the limitations of the technology, underwater cultural heritage have been neglected in a long history. After the third technology revolution, as human cognitive level rising, science and technology have also got the rapid development, underwater cultural heritage get more and more attention and concern, great cultural value and economic value also immediately emerges. So more and more countries, organizations and even individuals involved in the underwater cultural heritage and development, and the damage of them often don't resume. In such cases, the underwater cultural heritage urgent needs effectively protect. Because underwater cultural heritage's complex, so the sovereign countries and regions and even the entire international social must do special protection for the underwater cultural heritage.Underwater cultural heritage in the process of development, has experienced from the culture property to cultural heritage, and finally get protection for the first time in the United Nations convention and the preliminary mentioned. Underwater cultural heritage with the overall protection must be resolved, the United Nations educational, scientific and cultural organization in 2001 the protection of underwater cultural heritage convention releasing for underwater cultural heritage protection offer comprehensive protection, provide a more complete and scientific framework. Which reflect the in situ conservation of principle, the international cooperation principle, appropriate protection principle and so on all is worth countries using for reference. Of course these conventions and not perfect, among of ownership and the jurisdictional problem is the most prominent the withdrawal of the future, is also a bit the protection of underwater cultural heritage convention improvement of place, to attract more countries.Underwater cultural heritage in China got protection very early, mainly is the law of the People's Republic of cultural relics and the law of the People's Republic underwater cultural relic protection management regulations of underwater cultural heritage, which made very clear definition, and with the convention of different ownership and jurisdiction to the stipulations of the very clear. This is also restricted to join in our country the protection of underwater cultural heritage convention, the main factors, will definitely affect on underwater cultural heritage in China claims ownership and jurisdiction.This thesis are divided into four parts, the first part of the question, introduces the underwater cultural heritage of the important value and concept, and are currently facing the threat, mainly is the progress of science and technology and business interests and the most inadvertently influence underwater cultural heritage caused the activities.The second part is the underwater cultural heritage protection principle. First introduced the underwater cultural heritage in the course of development of concept, then respectively expounds the protection of the underwater cultural heritage convention of the important principle:to protect the public interest in situ conservation principle, the international cooperation principle, banned commercial development rules, respect for international law principle status. These principles constitute the underwater cultural heritage preliminary protection principle of international law of the framework.The third part is the main about international law under the framework of underwater cultural heritage protection analysis. At present, the framework convention of international underwater cultural heritage is the UN convention and the protection of underwater cultural heritage convention. The third part mainly analysis the two convention regulations, and put forward their ownership and jurisdiction in the defects, such as the aspect will be revised and our law has the good fusion, helping our country to join the protection of the underwater cultural heritage convention of the framework.The fourth part based on China's actual situation, firstly introduced underwater cultural heritage protection status and the legislative achievements, mainly is the law of the People's Republic of cultural relics, the law of the People's Republic underwater cultural relic protection management regulations, "about foreign investors to take part in salvaging sunken in China's coastal waters content management method". These laws in China constitute the underwater cultural heritage protection framework, the scope of jurisdiction and ownership has made very clear rules. Finally, in view of the shortcomings of the legislation in our country, puts forward some constructive opinion to China's underwater cultural heritage a more complete protection as soon as possible, and to join the protection of underwater cultural heritage convention.