Construction Of The Civil Public Welfare Lawsuit System Of Cultural Relics In China

Cultural relics are the powerful witness of the development of human history and the cultural treasure of a nation.But at the present stage,the protection of cultural relics in our country is facing a huge realistic dilemma.On the one hand is the implement of cultural relics protection unit work does not reach the designated position,on the other hand is due to the social public legal consciousness enhancement,they generally require involved in the process of cultural relics protection,and cultural relics as the human common spiritual wealth,social members have the responsibility to protect and obligation,therefore,we should be through the legal protection of cultural relics protection public participation.But the reality is that there is no way and guarantee for the public to participate in the protection of cultural relics.In addition,the public welfare nature of cultural relics determines that cultural relics need to be protected by public welfare lawsuit.Compared with administrative public welfare lawsuit,civil public welfare lawsuit is more advantageous,but the current civil public welfare lawsuit in China does not include cultural relics in its protection scope,so the protection of cultural relics can only rely on environmental public welfare lawsuit.Although there are many similarities between cultural relics and the environment,they belong to different fields and cannot be effectively protected by environmental public welfare lawsuit.Therefore,it is necessary for us to construct the civil public welfare lawsuit system of cultural relics in the face of the practical dilemma of cultural relics protection.Therefore,this article through to the protection of cultural relics and the legal system of civil public welfare lawsuit in our country present situation analysis,to explore the necessity and feasibility of civil public welfare lawsuit system building of cultural relics,but also to foreign about the experience of the public welfare lawsuit system to absorb and draw lessons from,finally for the construction of civil public welfare lawsuit system of cultural relics of our country put forward their own Suggestions.Apart from the conclusion,the body of this article consists of five chapters:The first chapter is the introduction,mainly expounding the purpose of constructing the cultural relic civil public welfare lawsuit system and the current research status.The second chapter is the analysis of the actuality of cultural relic protection and civil public welfare lawsuit in our country.To be specific,analyze the actuality of cultural relic protection from three aspects of the legislation,judicature and public participation of cultural relic protection,and analyze the actuality of civil public welfare lawsuit from the current legal provisions of civil public welfare lawsuit.The third chapter analyzes the necessity of constructing the civil public welfare lawsuit system of cultural relics in our country.First of all,through the analysis of the concept and characteristics of social public interest,it is believed that cultural relics contain factors of social public interest,which should be protected by public welfare lawsuit.Second,from the nature of cultural relics analysis of cultural relics need civil public welfare lawsuit protection.The nature of cultural relics determines that cultural relics need timely and preventive protection.The preventive protection of cultural relics needs the system of civil public welfare lawsuit.Thirdly,from the perspective of public participation,cultural relics need to be protected by civil public welfare lawsuit.Cultural relics are the common spiritual wealth of mankind,and all members of society have the responsibility and obligation to protect them.Therefore,we should protect the public’s right to participate through law.Finally,the limitations of the current legal system to protect cultural relics are analyzed.The public welfare nature of cultural relics determines that cultural relics need to be protected by public welfare lawsuit.However,the current legal system cannot effectively protect cultural relics,so it is necessary to establish the civil public welfare lawsuit system of cultural relics.The fourth chapter analyzes the feasibility of constructing the civil public welfare lawsuit system of cultural relics in our country.Analysis from the aspect of social public legal consciousness above all.The improvement of the public’s legal consciousness leads them to devote themselves to the judicial practice of the protection of cultural relics,which provides practical experience for the construction of the civil public welfare lawsuit system of cultural relics.Secondly,the establishment of civil public welfare lawsuit system provides the applicable basis for the protection of cultural relics,especially for the public to participate in the protection of cultural relics.Finally,through the analysis of France,Japan,the United Kingdom and India and other countries related to the public welfare lawsuit system,so as to provide reference for the construction of China’s cultural relics civil public welfare lawsuit system.The fifth chapter is the idea of constructing the civil public welfare lawsuit system of cultural relics in our country.First of all,the civil public welfare lawsuit system of cultural relics is confirmed in law,which is the foundation of the construction of the civil public welfare lawsuit system of cultural relics.Secondly,the current legislation should entrust specific social organizations and Office of the public prosecutor with the plaintiff’s qualification of civil public welfare lawsuit on cultural relics,but at the same time,it should also entrust citizens with the right to apply for civil public welfare lawsuit on cultural relics.Third,for the jurisdiction of civil public welfare lawsuit of cultural relics,the jurisdiction of the intermediate court of the location of cultural relics(registration)should be added on the basis of the original jurisdiction of civil public welfare lawsuit.Fourthly,in terms of the procedure of civil public welfare lawsuit of cultural relics,we can set it up from four aspects: procedure,review procedure before litigation,distribution of burden of proof and prohibition before litigation.Fifth,in order to encourage more public to take the initiative to participate in the protection of cultural relics,the civil public welfare lawsuit system for the protection of cultural relics should also set up incentive mechanisms,such as appropriate reduction of litigation costs for the prosecution party or the state to give certain financial subsidies to the plaintiff.