Research On The Legal Liability Distribution System Of Environmental Governance In Traditional Villages

There are cultural heritage buildings in traditional villages,which shoulder the historical mission of inheriting living culture.Traditional villages are a combination of material cultural heritage and intangible cultural heritage.The law system in China often wander between the above two attributes,which is difficult to be unified and reconciled,resulting in the ambiguity of the distribution of environmental governance liability in traditional villages.At the same time,the damage on the environment of traditional villages is systematic.There is a high degree of dependence between architectural cultural relics and the traditional villages,and between the intangible cultural heritage and the traditional villages.The cost of maintenance and repair is much higher than that of ordinary village houses,which objectively makes it difficult for the potential subject of legal liability to implement the responsibility.The history of the traditional villages lasts less than 20 years.The model of the legislation is embedded,protecting the legal interests of the traditional villages through existing department law,which objectively caused the insufficient protection of traditional villages.On the one hand,the definition of traditional villages in Chinese legislation is indistinct.Specialized regulations at the national level have not been issued yet,and local regulations have various titles.On the other hand,due to the lack of systematic legislation at the national level,the legal liability in cases of environmental damage to traditional villages is still assumed independently by the responsible subject under the departmental law.As a result,local administrative departments are always the first to perform the responsibility for civil,criminal or administrative cases.The development of modern society has intensified the difficulty for the government to perform the legal liability.The accidents are more and more frequent and difficult to predict,and the costs are increasingly high.In order to cope with the risk challenges brought by modernization to traditional villages,this paper uses the risk society theory to re-understand and interpret the allocation of legal liability for environmental governance of traditional villages.The dilemma faced by the development of traditional villages is a kind of social risk.The liability insurance system can be used to improve the prior guarantee in the environmental governance of traditional villages,and the relevant system and funds of the China Foundation for Cultural Heritage Conservation can be used as a means of legal relief after the exhaustion of legal liabilities under the department law.