| Ancient buildings are an important part of history and culture.National traditional culture has shaped an ancient architectural system that is unparalleled in the world,and protecting ancient buildings has also become an important aspect of protecting the achievements of human civilization.At present,the most basic legal system for the protection of ancient buildings in our country has been established with the "Cultural Relics Protection Law" as its core.The amendment of the "Legislative Law" expands the scope of local legislative authority,and the characteristics of ancient buildings as immovable cultural relics have jointly determined the necessity of developing local legislation for the protection of ancient buildings.Shanxi Province is one of the important birthplaces of Chinese civilization.Shanxi Province has the largest number of ancient buildings,and is also the province with the most dense and highest value of ancient buildings in our country.The particularity of the resources of ancient buildings in Shanxi Province determines the actual needs of the establishment of local legislation for the heritage’s the protection and management.The existing local legislation in Shanxi Province presents the following characteristics for the protection of ancient buildings:From a macro point of view,the"13th Five-Year Plan" period is a critical period for the prosperity and development of Shanxi’s ancient building protection local legislation.The legislative achievements in this period fully reflect the province.Legislation for the protection of historical culture closely revolves around the local characteristics of the protection of ancient buildings.Analyzed from the microscopic perspective,the local legislation on the protection of ancient buildings in the province has a certain lag in the vertical compared with the establishment of the upper law system.As a large province with rich cultural relics,the amount of local legislation is not outstanding in the horizontal direction.As a whole,it has the characteristics of a small number of comprehensive legislation and emphasis on the protection of historical and cultural cities.At the same time,provincial-level local government regulations have distinct local characteristics and legislative innovations in the protection of cultural relics,norms of social participation,and special legislation on fire safety.The problems existing in local legislation are as a whole scattered laws and regulations,lack of overall protection legislation,and uneven development of local legislation at different levels and regions,and the scope of protection of ancient buildings and cultural relics is narrow;from the perspective of local legislative systems,the identification and recognition of ancient buildings and cultural relics The independence of the protection subject is not strong,the legislative procedures and the operation of the ancient building protection system are relatively closed,the protection resources are scarce,and the protection system is insufficient.In view of this,in the third part of the thesis,the third part of the thesis puts forward specific suggestions for improving local legislation.Ideas lead the construction of the system,and the improvement of local legislation should first update the protection concept of ancient buildings,and clearly establish the protection concept of respecting the original functions of ancient buildings and respecting religious beliefs and culture.Second,to promote the construction of the ancient building protection system,the scope of powers of different levels of local legislative bodies should be clarified at the system level,and unified basic protection laws and regulations should be formulated.Finally,local legislation is inseparable from public participation.Shanxi Province should strengthen the openness of local legislation,promote public participation in local legislation on the protection of ancient buildings,and enhance the scientific nature of local legislation. |
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