The Legal Dilemma Of Jingdezhen Ceramic Culture Heritage Protection And The Legal Path Selection

The culture heritage is the precious wealth of human which is non-renewable, and is the crystallization of ancestor’s wisdom. Its very existence represents the foundation of civilization, and completely reveals a country and its own nation’s history development, which plays an important role in many aspects such as society, economy, culture and art. Therefore, the protection of the culture heritage can be meaningful in keeping the world’s cultural diversity, promoting the development of its economy, inheriting the state and the national spirit.Jingdezhen is a city of ceramic known among both domestic and abroad, which has a history of ceramic industry for thousands of years. And its also one of the 24 historical and cultural cities which were released by the State Council in 1982. The long history of ceramic making Jingdezhen left with precious cultural heritage--the ceramic culture heritage. In recent years, Jingdezhen established the city development strategy which is aiming at "porcelain" and the strategies are "old factory", "old site", “old Brothels” and “three old”. Ceramic culture heritage as the carrier of "porcelain renaissance", has naturally became the protection object, which has already reached out some results. However, due to many factors aspects of Jingdezhen ceramics cultural heritage is now facing many difficulties, which mainly for urban property and cultural heritage protection ceramics conflict; conflict management system lag and cultural heritage of ceramics and ceramic heritage of the legal system.Owing to the serious situation of the protection of cultural heritage, the problem of the protection of cultural heritage also obtained the country with great attentions to the problem. Nowadays, in regard of the cultural heritage protection, China has initially formed in "cultural relics protection law of the People’s Republic of China" as the main body of comprehensive legal protection system. Ceramic cultural heritage were included among the legal regulation which is an important part of the cultural heritage. Judging from legal sources, ceramics heritage involves many provisions of the Constitution, laws, sectoral laws and international law.But in a whole, there are still four problems existing in the ceramic culture heritage. First, the deep value level thought toward the ceramic culture heritage is lacking. Next, the system of the legislation is not comprehensive enough, which makes it represent as "fragmentation" state, and the protection of legal documents and policy regulations is lacking of cohesion. The last one is the legislation system with the protection of ceramic culture heritage is lagging behind and could not be found of the sustainable development of industry transformation and the business models toward ceramic culture heritage.The writer’s perspective is the Jingdezhen “Three old” protection project, giving advice to the problems of the situations and dilemmas of the protection of the ceramic culture heritage. after a through research towards the protection project of the “three old”, some data are collected and writer gave a elaboration about the “old streets”, “old industries” and “old Brothels”, which was the basic to analysis the dilemma that the ceramic culture heritage is in. For the last part, the writer gave some legislation advice for the dilemma. And the advice are: first, the renewing the legislation concept. Setting up the principal position of the value of "porcelain cultural heritage", clearing up about the attributes of the public interest. The next one is the completing of the legislation system, including the reconstitution of the legislation model, and in accordance with the advanced experience of foreign cultural heritage protection, classification, registration system and the public welfare lawsuit system. The next is the completion of the legal supporting system, including capital support, administrative support. Finally, from the perspective of the cultivating ceramic industry to discuss the new ideas for the sustainable development of ceramic culture heritage.