Abstract
Since the promulgation of the Cultural Relics Protection Law of the People’s Republic of China in the last century, China’s legislation on the protection of cultural relics has gradually formed a multi-level system of protection of legal sources, including the constitution, laws and regulations. After a long period of legal amendment, the content of the legislation on cultural relics protection gradually concentrates on the ownership of cultural relics, the units responsible for the protection of cultural relics, and the legal responsibilities related to the destruction of cultural relics. The focus of the origin and content of Chinese legislation on cultural relics protection determines the direction of the development of legislative model. By comparing and analyzing the theory of cultural relics legislation mode in different countries, the legislative way of cultural relics protection in China should belong to the legislative mode of coexistence of comprehensive legislation and special single legislation.
Highlights
Since the promulgation of the Cultural Relics Protection Law of the People’s Republic of China in the last century, China’s legislation on the protection of cultural relics has gradually formed a multi-level system of protection of legal sources, including the constitution, laws and regulations
After a long period of legal amendment, the content of the legislation on cultural relics protection gradually concentrates on the ownership of cultural relics, the units responsible for the protection of cultural relics, and the legal responsibilities related to the destruction of cultural relics
The focus of the origin and content of Chinese legislation on cultural relics protection determines the direction of the development of legislative model
Summary
“Cultural relics are relics and remains of historical, artistic, and scientific value left behind by human beings during social activities (Li, 2005)”. Judging from the repeated revision of the content of the Law of the People’s Republic of China on the Protection of Cultural Relics over the past few years, China’s legislation on the protection of cultural relics presents a trend of expanding local government autonomy and guaranteeing gradual market activity. This trend is accompanied by regulations that are specific to the actual development of the society, but overall it is still a legal change in the law for the diversification of cultural relics protection and the rationalization of use of cultural relics. China’s cultural relics protection legislation can be called a legislative model that includes a comprehensive legislative model and a special legislative model
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