Research On Civil Public Interest Litigation Of Cultural Relic Protection ——Take Two Classic Cases Of Civil Public Interest Litigation As Examples

History never words,because of the transmission of cultural relics,poems and books,rites and music,classics and articles have been retained for thousands of years.To make history speak,we need to make cultural relics speak.Protect the cultural relics,we need to cross the past and present lives of cultural relics,so that we can draw lessons from the past and create the future.Under the background of promoting cultural relic protection as a new field of public interest litigation,this paper analyzes the issues raised by the case from the direction of civil public interest litigation of cultural relic protection and studies the content of civil public interest litigation of cultural relic protection.The article is divided into four parts.The first part is the introduction,which introduces the reason of the topic selection,research status,research methods and innovative points and shortcomings.The second part is case introduction and precipitation,mainly from the two cases to extend,one is social organizations as the main body of the prosecution of Magu Village,Zhengzhou City,Henan Province infringement case of immovable cultural relics,the other is a procuratorial organ as the main body of the prosecution of Xinjiang Bole City People’s Procuratorate prosecuting Xiemou etc.of robbing ancient tombs criminal incidental civil public interest litigation case.Through the analysis of these two cases,the main issues reflected in the cases are drawn,that are,whether cultural relics can be protected by civil public interest litigation,whether the Green Development Foundation and the procuratorial organs can be the eligible main body of prosecution,and whether the Culture and Tourism Bureau as the administrative organ has the qualification to prosecute.The third part is to parse the problems precipitated in the second part.First,cultural relics should be seen as the object of protection in civil public interest litigation,and demonstrated from the necessity and feasibility.The necessity mainly elucidates that cultural relics have the attribute of public interest,the range of protection in criminal litigation of cultural relics is narrow,the social effect of administrative public interest litigation of cultural relics protection is insufficient,and the law enforcement of administrative organs in cultural relics protection has deficiency.The feasibility can be explained from the fact that some cultural relics also have ecological environment and resource attributes,that civil public interest litigation for cultural relics protection is generally established in foreign countries,and that the protected objects of public interest litigation in the Civil Procedure Law can have an expanded interpretation.Second,procuratorial organs and heritage preservation organization should be the eligible main body of civil public interest litigation for cultural relics protection.Third,administrative organs of cultural relics protection should have the qualification of prosecution in civil public interest litigation.Fourth,the sequence of prosecution of procuratorial organs,administrative organs and heritage preservation organization should be clarified.The fourth part entrenches itself through the cases analysis and offer proposals to perfect the civil public interest litigation of cultural relic protection.Principally split into the following aspects:to confirm the status of civil public interest litigation of cultural relics protection in legislation,we should first consummate the public interest litigation system in existence,and then augment civil public interest litigation clause in the Procedure Law and the Protection law of Cultural Relics;To enhance the degree of the public participation in cultural heritage protection;In the judicial procedure design,it is necessary to distinguish the scope of accepting cases according to the different prosecution main body of the lawsuit,raise the level of the jurisdiction court,carry out the inversion of the burden of proof,extend the statute of limitations,carry out diversified execution procedures and set up special courts for cultural relics protection.Finally,the protection mechanism of civil public interest litigation for cultural relic protection should be established,which can be divided into three mechanisms: support,incentive and restraint.Inherit the historical civilization of thousands of years,defend the monument of national treasure,perfect the legal system of cultural relics protection,so that cultural relics protection not only has social force,moral force,but also has the protection of law.Under this,cultural relics will continue to be passed on and honored forever.