Guard the historical context with judicial power

The historical and cultural heritage carries the genes and blood of the Chinese nation, not only belongs to our generation, but also descendants. Archaeological relics and cultural relics are the testimony of history, and must be protected, inherited, and used well. As early as 2018, the Supreme People's Court cooperated with the State Administration of Cultural Relics to strengthen the protection and utilization of judicial cultural relics and strengthen judicial protection of cultural relics and resources. Over the years, the relevant departments of the cultural and tourism systems in various places have strengthened and cooperated with judicial departments to conduct innovative practices that use judicial instruments to protect cultural heritage, and establish a strong legal barrier for the protection of cultural relics in the new era.

1

Cultural relics protection has a special court

On June 30, the first Great Wall Cultural Protection People's Court was established in Qinhuangdao City, Hebei Province, making Great Wall protection more comprehensive and professional. "The combination of cultural relics and justice is an important means to protect the Great Wall cultural resources. To protect the spirit of the Great Wall, the protection of justice and cultural relics is also indispensable." Ma Meng, the head of the Cultural Relics Section of the Tourism and Culture, Electric and Television Bureau of Qinhuangdao City, said that after the court was established In response to the tourism disputes in the Great Wall scenic spots, construction project contract disputes related to the development and protection of the Great Wall, and administrative disputes such as land acquisition, demolition, and illegal building demolition caused by the construction of major projects in the Great Wall, all have special trial institutions.

In 2021, as the first cultural protection court in Shanxi Province, the Yungang Cultural Protection Court officially unveiled in Yungang Grottoes Scenic Area. At the foot of the Great Wall of Shanxi, the Judicial Protection Base of the Youyu Great Wall also officially launched, becoming the first Great Wall special judicial protection base in Shanxi.

In Fujian, in order to strengthen the special protection of Fuzhou Guyu, the Fuzhou Court first established the first inheritance protection tour court in November 2019; the Licheng Court established the History History Trace and Heritage Protection Court to provide the development of marine cultural heritage. A strong judicial service guarantee; Fujian Tulou is a local landmark cultural relic. The Nanjing Court explained the abstract legal terms with a unique "Tulou Cultural Mediation Law".

In recent years, the cultural and tourism departments in various places have continuously strengthened cooperation with the judicial department, based on actual needs, and the establishment of a series of dedicated courts for local conditions, guidance, and policies for local conditions, and the protection of cultural relics is more professional.

2

Normal judicial protection formation mechanism

A special invites prosecutor assistant with historical and cultural heritage experts set up the first cultural heritage prosecutor in the province. This is an innovative move adopted by the People's Procuratorate of Huangpu District, Guangzhou City, Guangdong Province to strengthen the case of procuratorial supervision in the historical and cultural heritage. Relying on the work mechanism of the "Integrated Two -level Institute of the upper and lower levels of the Guangzhou Municipal People's Procuratorate", the institute is actively providing a "procuratorial wisdom" and "procuratorial plan" for the protection of the rich historical and cultural heritage of Huangpu District in a professional manner.

It is understood that in order to solve the problem of "Jiulong Water" and build a long -term mechanism for the protection of cultural relics, as early as 2020, the People's Procuratorate of Huangpu District cooperated with the Huangpu District Culture, Radio, Film and Television Tourism Bureau, the Guangzhou Planning and Natural Resources Bureau of the Huangpu District Branch. In 2022, the three parties issued the "Work Mechanism on Strengthening the Public Interest Litigation Cooperation of History and Cultural Heritage Protection", and established a full -process supervision system for the protection of historical cities and the synchronization of urban renewal. The Guangzhou Municipal Party Committee has cultivated the city office as a reform and innovation project.

"Through the establishment of inheritance protection patrol courts, cross -domain cases, centralized trials, rule of law mission, and continuous deepening litigation services. While promoting the culture of the Fujian capital, the protection of ancient crickets has formed a long -term mechanism." Member Wang Yan said that it has properly resolved 75 cases such as "Yongde Club", "Tingzhou Guild Hall" and "Wangjia Ancestral Hall". Regional heritage protection and economic and social development are along handling, inheritance of the concept of living and building wisdom, so that the centuries -old ancient times should be glorious.

3

Public interest litigation protection of cultural relics safety

In recent years, with the rapid development of the economy and society, the safety of cultural relics has faced some new situations and problems, and it is necessary to make up for the protection measures to protect cultural relics in a timely manner through the rule of law. As a litigation system for protecting public interests, procuratorial lawsuits are made to judicial relief on the destruction of cultural relics, which enrich the ways to protect cultural relics in accordance with the law and effectively guarantee the safety of cultural relics.

In 2020, the Shanxi Provincial People's Procuratorate and the Cultural Relics Bureau of Shanxi Province jointly issued the "Notice on Strengthening Cooperation in Procuratorate in Prosecutor's Public interest litigation", and launched cultural relics protection procuratorial lawsuits within the province, establishing cultural relics protection and establishment of cultural relics protection and establishment of cultural relics protection and establishment Public interest litigation prosecution long -term collaboration mechanism has achieved positive results.

In January of this year, the Guangdong Provincial Procuratorate actively carried out a one -year "Special Supervision Action for Cultural Relics and Cultural Heritage Protection Public interest litigation", and the province actively promoted cultural relics protection cases. Feng Lei, secretary of the Party Group and Attorney General of the People's Procuratorate of Huangpu District, believes that procuratorial public interest litigation and historical and cultural heritage protection is related to national interests and social public interests, and organically integrates the protection of historical and cultural heritage with legal supervision and administrative law enforcement power. This is a formable and replicable supervision form.

Hold a public interest litigation hearing, publicly announced the delivery of procuratorial suggestions, appoint the traditional village to protect the public interest lawsuit consultants ... In April of this year, Hebei Province launched a special action of public interest litigation in traditional villages in the province, united the convergence of traditional villages, improved Protect professional level. In recent years, the Hebei Provincial Cultural Relics Bureau has attached great importance to incorporating the protection of cultural relics and cultural heritage into public interest litigation related work. Since 2020, it has deployed and carried out many special actions such as the Great Wall and revolutionary cultural relics and public interest litigation to build it for cultural heritage. A solid protection wall. "On the basis of the experience of protecting public interest litigation in traditional villages, we will continue to expand content and enrich the carrier, extend the scope of public interest litigation to the protection of historical and cultural cities, town, and villages, and gradually gradually in various cultural relics and cultural relics and in the province. Public interest litigation in the field of cultural heritage protection, deepen their supervision functions, and effectively improve the province's cultural relics protection capabilities and development level. "Zhang Cangfang, a first -level inspector of the Hebei Provincial Department of Culture and Tourism, said that he will adhere to the problem of public interest litigation issues and focus on the focus of supervision. Strengthen the communication and coordination of various departments, form a joint effort, make it a rule of law for protecting history and protecting cultural heritage, and contribute to strengthening cultural awareness, firm cultural self -confidence, and building a cultural province.

(Draft: Li Qiuyun, participated in writing: Li Qiun, Fan Haiang, Guo Zhiqing, Huang Guoyong, Tan Zhihong)

Shanxi:

Effectively promote the protection of the rule of law in the protection of Yungang Cultural Heritage

Guo Zhiqing

▲ The Yungang Cultural Protection Court carried out a law -based propaganda Liu Zhigang and Tang Ying

Yungang Grottoes, located in Datong City, Shanxi Province, was founded more than 1500 years ago. It is a cultural and artistic treasure house that integrates Chinese and foreign culture, Chinese ethnic minority culture and Central Plains culture, Buddhist art and stone carvings.

Although the office area of ​​the Yungang Cultural Protection Court is only 40 square meters, it is a veritable "small court", but the functions of consulting, mediation, litigation services, and case trials are readily available, which can effectively promote the protection of Yungang Cultural Heritage to protect the rule of law.

The court and the Yungang Scenic Area Police Station jointly opened the "court+police station" working model. A court staff and a patrol police tied up in the scenic area to carry out daily rule of law propaganda and public security maintenance work. Serve. At the same time, more than 60 small and micro enterprises and individual shops that actively serve the food streets, and the explanation of intellectual property rights in accordance with the law and intellectual property rights will be provided. Prevent and resolve contradictions from the source.

Over the past year, the court has distributed more than 1,000 law propaganda materials such as the Cultural Relics Protection Law of the People's Republic of China, and has carried out more than 500 people (fields) such as case interpretation and providing legal consulting, litigation services, and litigation services.

Zhu Guofeng, the president of the Yungang Cultural Protection Court, said that in the past year, the court has taken the initiative to take the Yungang Research Institute to conduct normalized discussions Communication, put forward more constructive opinions and suggestions for the development of "Yungang Xue" to develop in -depth development and strengthen the protection of cultural relics in accordance with the law, and accelerate the construction of the History and Cultural Corridor of the Yungangyu. Essence

In addition to the Yungang Cultural Protection Court, in June this year, the People's Procuratorate of Yunngang District, Datong City, also deepened cooperation with the Yungang Research Institute and established the Yungang Cultural Relics Protection Procuratorate and Yungang Grottoes Public interest litigation service center. The service center paid close attention to illegal acts and difficulties affecting the safety of the cultural relics of Yungang Grottoes, strengthened communication and collaboration with relevant administrative agencies, strengthened the case of cases, and responded to the actual problems of cultural relics protection with the effectiveness of the case.

Relevant staff of the People's Procuratorate of Yungang District, Datong City stated that in the future work, the institute will further increase the protection of public interest litigation around Yungang Grottoes, focusing on the fields of atmosphere, water body, surrounding environment, cultural relics, etc. The room is positive and securely carried out by public interest litigation.

Fujian:

Cultural Heritage Protection Tour Court New Gong

Huang Guoyong

▲ The Wuyishan Court regularly carried out patrol activities to master the status quo of cultural and natural heritage protection in real time. Photo Conferring in Fujian Higher People's Court

In recent years, Fujian has been based on judicial trial practice, combined with the special work of judicial protection of cultural and natural heritage, and actively promotes the positive innovation of cultural heritage.

In order to strengthen the special protection of Fuzhou Guyu, as early as November 2019, the Fuzhou Court took the lead in setting up the first inheritance protection tour court across the country, accepting the ancient area of ​​the city and the ancient cultural relics protection units at or above the city level. Construction -related cases adopt cross -domain cases, centralized trials, and rule of law to deepen litigation services.

As the core area of ​​the Maritime Silk Road, Fujian has given full play to providing strong judicial services for the inheritance and development of marine culture. In 2021, the "Quanzhou: The World Ocean Business Center of the Song and Yuan Dynasties" was successfully applied. Ensure the common development of marine trade and economy and society. The Fuzhou Court launched the "Haisi Blue screen" judicial protection project to escort the high -quality development of the marine economy. The People's Court of Longhai District of Zhangzhou City has set up four judicial service points in Limei, Yuegang and other places to extend the coverage of the protection of History and Taiwan -related cultural relics. The Pingtan County People's Court expanded the judicial protection of underwater cultural relics and achieved remarkable results. The Fujian High Court held the "Symposium on True Judicial Practice Cross -Strait" for 11 consecutive years to deepen the exchange of judicial and cultural exchanges against Taiwan and foreign -related foreign -related judicial and cultural exchanges. In addition, the Fujian court system also regards the protection and inheritance of judicial security culture and natural heritage as one of the key tasks of the province's courts. It has studied and formulated 10 measures to strengthen the protection of cultural and natural heritage judicial protection, and properly resolves contradictions and disputes involving historical and cultural relics.

Wang Yan, a full -time member of the Judgment Committee of the Fujian Higher People's Court, said that in the next stage, Fujian will continue to accelerate the innovation and development of the protection and utilization of cultural and natural heritage protection in the new era, properly resolve contradictions and disputes in the field of cultural relics and heritage protection, and implement local characteristics of local characteristics. Strengthen judicial initiative, focus on the active exploration of judicial practice and theoretical research, support the inheritance protection of the court to perform functions and cross -domain judicial cooperation, coordinate the protection of the regional heritage protection and economic and social development, and continue to deepen administrative and judicial judicial and judicial judicially Highly interaction, continue to do a series of highlights such as inheritance protection and ecological justice, and form a sense of rule of law in the whole society to participate in the protection of cultural heritage protection in the whole society.

Hebei:

For the first time to support the "historical architecture" dispute case

Fan Hai Gang Li Qiuyun

▲ The ancient city of Qinhuangdao and Shanhaiguan contains the rich Great Wall Cultural Resources Qinhuangdao Tourism, Culture, Radio, Film and Television Bureau.

On July 1, a case of neighborhood disputes supported by the People's Procuratorate of the Shanhaiguan District of Qinhuangdao City City was opened in the Great Wall Cultural Protection of the Great Wall Cultural Protection of the People's Court of Shanhaiguan District. The court is the first Great Wall Cultural Protection People's Court. At the same time, the case is the first case that the Great Wall Culture Protection People's Court was unveiled on June 30 this year. Real estate dispute cases support prosecution and prosecuted for the first time to protect the rights and interests of the disabled. It is also the first case that the procuratorate sent a member of the prosecution to support prosecution, assisted in collecting evidence and appearing in court to show the evidence and explained.

Meng's husband and wife lived in the Western Sanjiao Hutong of the ancient city of Shanhaiguan. His house was built in the Qing Dynasty. In 2019, it was rated as "historical building" by the Qinhuangdao Municipal People's Government. Since March this year, Meng's neighbors have built a high wall at the house next to Meng's house, which seriously affected Meng's house safety and daily use. Meng was suffering from disability and inconvenience. After repeated communication with his neighbors and reporting the situation to the relevant departments, the problem has not been resolved. In June of this year, Meng's husband and wife submitted a support for a prosecution to the People's Procuratorate of Shanhaiguan District.

In order to give full play to the procuratorial supervision function and effectively protect the legitimate rights and interests of the disadvantaged group, the People's Procuratorate of the Houshan Customs District attaches great importance to the case. On -site evidence collection, inquiring the parties, consulting relevant administrative agencies, understanding the situation from the street and police station, etc., and other ways to carry out work. For evidence that Meng cannot collect for objective reasons, the procuratorate gives full play to the procuratorial function to conduct investigation and evidence collection work. In June, in June, in June On the 16th, a "Support Prosecution" was submitted to the People's Court of Shanhaiguan District, which decided to prosecute the support of Meng's husband and wife. The court filed the case the next day.

On the morning of July 1, the case was publicly tried in the Great Wall Cultural Protection People's Court, and the People's Procuratorate of Shanhaiguan District sent a member to appear in court to support the prosecution. At present, the case is being tried. The procuratorate will fully fulfill the function of civil procuratorial and continue to follow up the mediation and resolution of disputes in the case. The People's Court of Shanhaiguan District will be pronounced on a future.

Guangdong:

Provide a "procuratorial plan" to protect the historical and cultural heritage

Tan Zhihong

▲ Prosecutor of the Cultural Relics Heritage Heritage of the Procuratorate of Huangpu District, Guangzhou City, and Guangzhou archeological technicians surveyed by Huang Xiaoming at the archeological site

Luofengkeng Village and Shuixi Village, Huangpu District, Guangdong Province have more than 800 and 600 development history, which belong to the more typical combination villages in Guangzhou. In order to better protect the style of traditional villages, in October 2021, the Huangpu District Procuratorate relying on the working mechanism of public interest litigation cooperation in the field of historical and cultural heritage protection, and grasped the original terrain and landforms of Luofengkeng Village, Shuixi Village, and traditional streets and lanes. The destructive case clues have learned that the relevant functional departments have not fully fulfilled their supervision and management responsibilities in accordance with the law.

The Procuratorate of Huangpu District has timely filed a case for review and launched an administrative public interest lawsuit. Prosecutors found that companies that undertake Luofengkeng Village and Shuixi Village to renew the transformation project. With the approval of the administrative department of urban and rural planning, they are unauthorized to demolish residential houses in the scope of the protection planning and construction control zones in the above traditional villages. Construction projects such as digging foundation pit and piles are used to build new residential buildings, which leads to severe cracks in the walls of non -mobile cultural relics. The ancient trees, as historical environmental elements, are also damaged to varying degrees. In October 2021, the Huangpu District Procuratorate actively negotiated with relevant functional departments to promote comprehensive performance in accordance with the law. Relevant functional departments shall be filed for cases such as demolition residential houses and construction activities that affect the traditional pattern of the above -mentioned reconstruction project company and investigate and deal with 350,000 yuan in administrative fines; Administrative fines are 4.87 million yuan.

In January of this year, the Guangdong Provincial Procuratorate carried out a one -year "Special Supervision Action for Cultural Relics and Cultural Heritage Protection Public interest litigation", and the Huangpu District Procuratorate continued to carry out supervision of subsequent restoration and protection and utilization. Driven by the procuratorial organs, the relevant functional departments have announced the solid opinion of the implementation planning and restoration implementation plan of Luofengkeng Village and the traditional village of Shuixi Village.

Feng Lei, secretary of the party group and prosecutor of the People's Procuratorate of Huangpu District, said that the People's Procuratorate of Huangpu District has always adhered to the overall situation of party and state work with high -quality procuratorial performances, and promoted the spirit of "stopping the best" with a wider field of vision and stricter standards. In the "Party Building+Public interest Litigation", we will be deeply cultivated, adhere to the planning, deployment, and promotion of party building and public interest litigation procuratorial business. The problem of cultural heritage protection is the best effect of "1+1+1> 3" public welfare protection.

"China Culture News" on July 22, 2022

The 4th version published a special report

"Guarding the Historical Pulse with Judicial Power"

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Editor -in -chief: Chen Xiaoyue

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