Public interest litigation makes cultural relic protection more effective
2023-12-19
Recently, the Supreme People's Court and the Supreme People's Procuratorate held a press conference, jointly releasing typical cases of administrative public interest litigation to the public for the first time. There are two administrative public interest litigation cases involving cultural relics protection, which have positive significance for strengthening the sense of responsibility and responsibility of cultural relics protection departments. As a precious heritage that witnesses the historical development of the country and the nation, cultural relics are not only a precious treasure for promoting excellent traditional Chinese culture, but also a vivid teaching material for inspiring public patriotism and inspiring national spirit. The Cultural Relics Protection Law of our country clearly stipulates that all organs, organizations, and individuals have the obligation to protect cultural relics in accordance with the law. As an administrative organ responsible for cultural relic protection, the cultural relic protection department should fulfill its daily supervision responsibilities for cultural relics. However, in reality, some cultural relics protection departments are limited by funds, manpower, and other factors, resulting in some cultural relics being in disrepair for a long time and their plots being illegally occupied... These situations not only cause damage to the cultural relics themselves, but also pose significant public safety risks. As representatives of the public interest, the procuratorial organs should supervise administrative organs that fail to fulfill their responsibilities in cultural relic protection and supervision. Previously, the procuratorial organs have conducted many beneficial explorations in this regard. In October this year, the revised draft of the Cultural Relics Protection Law was first submitted for review, clarifying that procuratorial organs can file public interest lawsuits against illegal acts related to cultural relics protection. This undoubtedly reflects the value orientation of using the procuratorial public interest litigation mechanism to better protect cultural relics. The two typical cases released this time, one involving the revolutionary cultural relics of the Heroic Spirit Pagoda and the other involving historical relics of the Qing Dynasty, both well reflect the special value of the administrative public interest litigation system in protecting cultural relics. In these two cases, when the procuratorial organs discovered inadequate protection of relevant cultural relics, they did not simply send out the procuratorial suggestions, but promptly followed up on the implementation and filed administrative public interest lawsuits. In the end, the court's ruling effectively forced relevant departments to fulfill their regulatory responsibilities, accelerate the arrangement of cultural relics rescue, and effectively protect cultural relics. The timely display of public interest litigation and the joint force formed by judicial supervision have also made the whole society truly feel the institutional power of administrative public interest litigation in protecting cultural relics. Protecting the safety of cultural relics is a long-term and arduous task that involves various aspects. Only by performing their respective duties and cooperating with each other, fully leveraging the value of the administrative public interest litigation system, supervising cultural relics protection departments to effectively fulfill their regulatory responsibilities, and weaving a dense cultural relics safety protection network, can cultural relics protection be more powerful, and cultural relics that have gone through years can better inherit historical context. (Lai Xin She)
Edit:Wangchen Responsible editor:Jia Jia
Source:http://www.legaldaily.com.cn
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