On The Public Interest Litigation Cultural Heritage Protection

In recent years, the phenomenon of destructing cultural heritage intensified, the people’s awareness of the rule of law improved continuously, maintenance of social welfare concept widely recognized by the public, and fully mobilize the public to participate in the enthusiasm of cultural heritage protection. However, the current mechanism for public participation is not perfect protection of our cultural heritage, public participation in cultural heritage protection has no legal status and way, fulling of resistance. The face of constantly being violated and disappearing cultural heritage in the process of urbanization, the public demands more and more involved in cultural heritage protection, and cultural heritage protection to build public interest litigation has been put on the agenda.Faced with this situation, this article is intended to analyze how to build public interest litigation cultural heritage protection suitable for China.This is a complex social and legal issues, this paper intends to solve the problem from the perspective of sociology, cultural heritage, law, etc. In Dinghai litigation and Beijing Qianmen No.222Hospital lawsuit two typical cases as a starting point. The necessity and feasibility analysis of the problem from three angles, the need to protect cultural heritage, the need to protect the public interest litigation channels and existing protection systems lack, perspective of combined with related systems the United States, Britain, France, Japan and other countries put forward legislative proposals in line with the experience of China’s national conditions. Construction of public interest litigation protection of cultural heritage from the perspective of legislative confirmation heritage public interest litigation,the plaintiff qualification, the proceedings settings, and incentive measures. construct the supporting systems on the laws to protect ideas, supporting laws and regulations, protection and management of cultural heritage. And explore the road of construction of the public to participate in institutionalization of cultural heritage protection in legal.