A comprehensive legal approach to cultural heritage protection in China

Abstract

As one of the four ancient civilizations, China possesses a very large cultural heritage. China’s current legal framework has adopted comprehensive legislation, covering a broad scope with meticulous classification and emphasis onadministrative implementation. Comparisons reveal that different jurisdictions exhibit distinct legislative frameworks and practices that reflect their respective national circumstances. Cases relating to cultural heritage can be divided into three types: criminal, civil, and administrative lawsuits. Specific rules are expected to be enacted on cultural heritage protection because of existing legal lacunae. Currently, litigation practice has yielded different verdicts on different causes of action in heritage-related cases. Public interest litigation necessitates the collective engagement of the entire society. The procurator system predominates in heritage-related litigation with pretrial procurator’s advice, which is expected to be made available to the public.