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A Study on Preservation of Immovable Cultural Relics in Case of Disaster

Author: ZuoYang
Tutor: ZhangZhiLiao
School: Southwest University of Political Science
Course: Environment and Resources Protection Law
Keywords: The Cultural Resources The Cultural Relics The Immovable CulturalRelics The Protection of Cultural Relics The Disaster The House demolition
CLC: D922.16
Type: Master's thesis
Year: 2012
Downloads: 26
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Abstract

Centuries-old history and splendid culture give birth to a country’s rich cultural heritage.As a big power of heritage, China is adorned by a great quantity of immovable culturalrelics--cultural sites、ancient tombs、historic buildings、cave temples、stone inscriptions、mural paintings and representative buildings of modern time’s important historical sites.Thanks to its historical value、artistic value、scientific value and its characteristics of rarityand nonrenewable, immovable cultural relics are protected by the law as a unique resource. Atthe present, a cultural relics protection law system initially forms in China, with the law ofCultural relics protection as the core.Nevertheless, due to the long-term persistence in a development pattern of takingeconomic construction as the center, China doesn’t pay enough attention to cultural relicsprotection. Cases of sacrificing the value of cultural relics for economic development are seenall over. For instance, immovable cultural relics are removed or even ruined for engineeringconstruction. In recent years, kinds of major natural disasters bring about huge personal andproperty loses to China, which drives wide concern on the protection of immovable culturalrelics. At the background of our existing legal system, there are many difficulties in theprotection of the immovable cultural relics responding to the man-caused and natural disasters.For example, when it happens conflict between the cultural relics protection and the economicdevelopment, the government’s lack of the cultural protection could lead to the sacrifice of thehistoric preservation in order to gain the economic interest; Heritage conservation legislationregulates the functions and responsibilities of the cultural relics institutions adopting theobject attributes and the geographic logic path at the same time, which result in the disorderof the rights and liabilities in the cultural relics institutions and the inefficiency of theimmovable cultural relics protection; the existing regulations of the supervisory organ of thehistoric preservations are suspected of violating the Constitution and lack of exercisable, andcoupled with the absence of accountability, which lead to the deficiency of the systempreventing the government puts the economic development above the benefits of historic preservation; in defect of legal mechanism,the immovable cultural relics responding to thenatural disasters is short of the efficient management and organization.In order to promote the protection of immovable cultural relics more effectively in China,scientifically established immovable cultural relics of disaster respond to the Legal System,need to learn from foreign successful experience. Such as Britain, France, Greece, Taiwan andinternational conventions on heritage conservation system requires can learn to cope withman-made disasters; Japanese disaster prevention and mitigation of the legal system and themeasures taken by the Venice government for the protection of historical monuments fromnatural hazards can provide inspiration to respond to natural disasters.According to the actual situation of the legislation and legal practice, it is needed tocentralize the value target of the legislation, and to reform the existing laws and regulationsthrough a series of adjustment, such as clearing the principles of the immovable cultural relicsresponding to the natural disasters, confirming the conditions of the historic preservation’sremoving or dismantling and rebuilding the regulations of the supervisory organ of thehistoric preservations, and setting up the accountability for the cultural relics protection.Meanwhile, it is considerable demand to complete the regulation system for the immovablecultural relics responding to the natural disasters based on the current system that build up thedisaster risk-evaluation for the cultural relics, the disaster prevention project, theinformation-public and public-participation dealing with disaster, and the immovable culturalrelics’ rebuilding.

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