Research On Legal Issues Of Spatial Use Control Of Historical And Cultural Heritage In China

The report of the 20 th National Congress of the Communist Party of China stresses," Increase the protection of cultural relics and cultural heritage,and strengthen the protection and transmission of history and culture in urban and rural construction." In recent years,the Central Committee of the Communist Party of China and the State Council have also promulgated a series of documents involving land-use planning,represented by the Opinions on Establishing a Land-use Planning System and Supervising its Implementation,and the development of land-use planning in China has formed a protection system based on land-use planning and the control of its use as a means.In the context of spatial planning,the historical and cultural heritage space is an important part of the spatial space,and its preservation value should become the due significance of spatial planning and land use control.However,with the acceleration of urban-rural integration process in China,the improvement of spatial planning and use control of historical and cultural heritage lags behind,leading to increasingly serious and unreasonable development and land use,causing serious damage to historical and cultural heritage resources.In view of this,the author chooses to analyze the feasibility and legal issues of China’s historical and cultural heritage space use control from the perspective of legal research against the background of China’s increasingly improved spatial land planning system,so as to better protect and utilize historical and cultural heritage resources,continue the historical line and inherit the Chinese spirit,to provide a legal approach to the protection of China’s historical and cultural heritage,and at the same time improve and enrich the spatial planning and land use control.The aim is to provide a legal way to protect China’s historical and cultural heritage and to improve and enrich the country’s spatial planning and land use control system.The main body of the article is divided into four parts.In the first part of the article,the concept of historical cultural heritage and historical cultural heritage space is comparatively defined,and the current problems of this system in China are analyzed by analyzing the current situation of the historical cultural heritage space use control system and the characteristics of the distribution of control objects in China,including the isolation of concepts,the principle of measures,the fragmentation of legislation and the vagueness of supervision,etc.In the second part,the case law on historical cultural heritage space use control in China is analyzed.In the second part,a legal analysis of the spatial use control of historical and cultural heritage in China is made.By clarifying the independent control value and special characteristics of China’s historical and cultural heritage space,as well as clarifying the relevant legislative basis,the necessity and feasibility of zonal control of China’s historical and cultural heritage space use are analyzed;in the third part of the article,through horizontal cross-country comparison,vertical historical comparison and comparative evaluation,the inspiration for the improvement of China’s historical and cultural heritage space use control system is classified,so as to lay the foundation for the fourth part of the article.Based on the first three sections,the last part of the article proposes several measures to improve China’s historical and cultural heritage spatial use control system from different perspectives,such as establishing a systematic concept,constructing diversified control measures,improving the legislative system,establishing a vertical supervision system and realizing social governance.