At present, what are the outstanding problems in the development of world heritage tourism in China?

From June 28th to July 7th, 2004, the 28th meeting of the World Heritage Committee was held in Suzhou, Jiangsu Province, which approved a world heritage project declared by China. Up to now, China has 30 World Heritage Sites, ranking third in the world. Our country has no very successful experience in protecting the world heritage like some other countries. As China is in the period of modernization, large-scale capital construction and over-exploitation are threatening the world heritage, so both the recognized world heritage and the world heritage to be declared are facing the severe problem of how to protect it according to law. This paper systematically analyzes the present situation of legislation and law enforcement of world heritage protection in China, and puts forward legal countermeasures to protect world heritage combined with successful experience abroad.

Keywords: World Heritage legislation enforcement countermeasures

I. Basic information on China's application for World Heritage

(a) The definition of world heritage in international conventions. 1972 1 16 10 In October, the UNESCO General Conference adopted the Convention for the Protection of the World Cultural and Natural Heritage (hereinafter referred to as the Convention) in Paris. The main points of this convention are:

1. The definition of world heritage is clear. According to the definition of the Convention for the Protection of World Cultural and Natural Heritage, world heritage refers to the rare and irreplaceable wealth of human beings recognized by UNESCO and the World Heritage Committee, and is a cultural relic and natural landscape with outstanding significance and universal value recognized by all mankind. World heritage is characterized by scarcity, uniqueness, uniqueness, unrepeatability and irreplaceable. World heritage is a protective and public welfare undertaking, and its value is generally not estimated by money. World heritage includes world cultural heritage, world natural heritage, world cultural and natural heritage and cultural landscape. In the 20th century, the works of some famous architects and fashion designers were also listed as cultural heritage. According to the definition of the Convention for the Protection of the World Cultural and Natural Heritage, natural heritage refers to the natural features or such structural groups with outstanding value composed of material and biological structures; Geological and natural geographical structure and clearly designated as endangered animal and plant protection areas; Natural landscapes or clearly defined natural areas, such as the Three Parallel Rivers, Jiuzhaigou and Wulingyuan in China. Natural heritage protection areas include: national parks and other long-established species protection areas. According to the definition of the Convention for the Protection of the World Cultural and Natural Heritage, cultural heritage refers to buildings, stone carvings and paintings, archaeological elements or structures, inscriptions, caves and buildings with outstanding value, such as the Forbidden City in China; Single or conjoined buildings with architectural style, uniform distribution or outstanding value in combination with environment and scenery; Human engineering or joint engineering and archaeological sites with outstanding value, such as the Great Wall in China and the Mausoleum of the First Qin Emperor. Cultural heritage protection areas include: historic buildings, historic cities, important archaeological sites, giant sculptures and paintings with permanent commemorative value.

2, clear approval procedures and standards. According to the Convention, each contracting state can determine the cultural and natural heritage within its territory and submit its heritage list to the World Heritage Committee for review and approval by the World Heritage Congress. All sites listed in the world cultural and natural heritage are strictly protected by their countries according to law. According to the evaluation criteria of world heritage, the following six conditions must be met before it can be approved: the declared object must represent unique artistic achievements and creative masterpieces; In a certain period or in a certain cultural area of the world, it has had a great influence on the development of architectural art, memorial art, town planning or landscape design; It can provide unique or at least special witness for existing or extinct civilizations or cultural traditions; It can be used as an outstanding example of a class of buildings or buildings or landscapes, showing one or several stages of human history; It can be used as an outstanding example of traditional living environment or place of use, representing one or several cultures, especially places that are easily destroyed under irreversible changes; It has a direct and substantial connection with some events or current traditions or ideas or beliefs or cultural and artistic works.

3. Clear management organization. The governing body stipulated in the Convention is the World Heritage Committee under the leadership of UNESCO. 1976 established the World Heritage Committee and the World Heritage List.

4. Clear management responsibilities. According to the Convention, the responsibility for the identification, protection, preservation and display of cultural and natural heritage within the territory of a contracting state lies with its own country. To this end, the country should make every effort to make maximum use of its own resources and, when necessary, make use of existing international assistance and cooperation, especially in finance, art, science and technology.

5. The principle of international cooperation is stipulated. The Convention clearly stipulates that countries where cultural and natural heritages are located recognize such heritages as part of the world heritage without damaging the property rights stipulated by national legislation. Therefore, the whole international community has the responsibility to cooperate to protect them.

(2) Achievements of the World Heritage Management Organization. Since the Convention for the Protection of the World Cultural and Natural Heritage came into force in 1975, there have been 176 contracting States. By the end of 2003, 754 cultural and natural heritages from 125 countries had been included in the World Heritage List, including 582 cultural heritages, 49 natural heritages 149 and 23 dual cultural and natural heritages.

(three) the phased achievements of China's cultural relics protection and declaration of world heritage. China has successively announced three batches of national historical and cultural cities: 1982, 1986 and 1994. The first batch has 24 seats, the second batch has 38 seats and the third batch has 37 seats. Together with Shanhaiguan approved in August 10, the total number of seats is 100. From 196 1, 1982, 1988, 1996, 200 1, 65438 national key cultural relics protection units were announced in five batches. At present, there are nearly 400,000 immovable cultural relics on the ground and underground in China, including 1268 national key cultural relics protection units, 60,000 county-level cultural relics protection units and 7,000 provincial cultural relics protection units. There are more than 2,000 museums in China, including the museum 133 1 managed by the cultural relics department. National collection of cultural relics 1 1974228, including 63235 first-class cultural relics.

China acceded to the Convention for the Protection of the World Cultural and Natural Heritage on 1985. Since 1987 was selected as the first batch of world heritage sites, such as the Forbidden City and the Great Wall, there have been 29 world heritage projects, ranking third in the world after Italy and Spain. Twenty-nine World Heritage Sites are located in 19 provinces, municipalities and autonomous regions, and now they have basically become well-known tourist destinations at home and abroad. At present, there are 30 World Heritage Sites in China, namely:

1, Cultural Heritage: Summer Palace; Great wall; Temple of Heaven; Pingyao ancient city; Chengde mountain resort and surrounding temples; Zhoukoudian "Peking man" site; Old Town of Lijiang; Suzhou classical gardens; Mausoleum of Qin Shihuang; Chongqing Dazu stone carving; Wudang Mountain ancient buildings; Potala Palace in Lhasa; Longmen Grottoes in Luoyang; Forbidden city in Ming and Qing dynasties; Confucius Temple, Confucius Forest and Confucius House in Qufu; Mogao grottoes; Qingcheng Mountain and Dujiangyan; Ancient villages in Anhui: Xidi and Hongcun; Yungang Grottoes in Shanxi; Lushan Scenic Area; Imperial tombs of the ming and qing dynasties: Ming Tombs, Qing Dongling, Qing Xiling, Beijing Ming Tombs, Nanjing Ming Tombs, Shengjing Sanling, Liaoning and Shenyang Forbidden City in imperial tombs of the ming and qing dynasties; Koguryo royal city, tombs and noble tombs.

2. Natural Heritage: Jiuzhaigou Scenic Area; Huanglong Scenic Area; Wulingyuan Scenic Area; Three rivers run parallel.

3. Cultural and natural heritage: Mount Tai; Huangshan Mountain; Emei Mountain-giant buddha; Wuyishan.

Second, the main problems facing China's world heritage management

(1) misunderstanding.

China is rich in cultural and natural heritage resources, and there are relatively many places with the basic conditions to declare world heritage. In recent years, there has been an unprecedented upsurge in the application for World Heritage in China, and nearly 100 projects across the country have announced that they will apply for World Heritage. World heritage is a protective and public welfare undertaking, not an industrial and industrial tourism resource. The main driving force for the craze of world heritage declaration in some places in China is the brand effect of world heritage and its monopolistic management value as a special resource. In some places, in order to declare the world heritage, environmental management is carried out, and some important buildings reflecting the continuity of the heritage are demolished in the name of obstructing landscape buildings. Some local planning departments design and apply the general tourist attractions scheme, which seriously damages the original historical environment and style of the heritage. In order to pursue short-term economic returns and political achievements, some governments of world heritage sites directly participate in the development of world heritage, and even promote over-development, which has damaged world heritage. After the scenic spot was listed as a world cultural heritage, it simply pursued economic benefits, and the comprehensive tourism income reached more than 654.38 billion yuan. Some scenic spots are listed as world heritage sites, and efforts are made to attract more tourists to the mountains. Hotels, hotels, guest houses and sanatoriums in the core area occupy a prominent position.

(2) The management system is relatively backward.

China now implements a diversified and multi-level management system. From a national perspective, the Ministry of Construction is responsible for the management of natural heritage, while the National Cultural Heritage Administration is responsible for the management of cultural heritage. Moreover, many departments such as tourism, forestry, environmental protection and even water conservancy have their own management scope in these heritage sites. China World Heritage Committee, representing the government of China and corresponding to UNESCO, is located in the Ministry of Education and has no right to manage world heritage. Because the world heritage is managed by different departments, the management efficiency is low, and sometimes there are even policy conflicts. Theoretically speaking, the world heritage should be owned by the state, but because its property right is not exclusive, governments at all levels have become the actual managers and manipulators of the heritage. Some government departments and even enterprises can use national public resources as a tool for themselves or small groups to seek benefits. In this case, the management of China's heritage resources is prone to over-exploitation and other chaotic situations.

(3) insufficient funds.

The financial input of governments at all levels in China is seriously insufficient. Relevant data show that the state funds only 1 19 national-level scenic spots, which basically cover all Chinese world heritage sites, with an average allocation of only 84,000 yuan, which is only enough to build a low-standard toilet. The existing 20 national parks in South Korea receive an annual government grant equivalent to 300 million yuan. A large amount of money invested in development rather than protection will certainly damage the long-term interests of world heritage. This situation has also caused some world heritage sites to be heavily in debt. Chongqing Dazu Stone Carvings declared as World Heritage has invested more than 50 million yuan, including 6.5438+0583 million yuan from Chongqing Municipal Government, 6.5438+0997 million yuan from Dazu County Finance and Dazu Museum, and 6.5438+0800 yuan from Agricultural Bank, with annual interest of about 6.5438+0700 yuan. Later, due to development needs, it was lent out again. At present, the outstanding loans, interest and arrears total nearly 30 million yuan.

(4) nibbling and destroying.

In recent years, the world cultural heritage and national key cultural relics protection units such as Confucius House and Confucius Temple in Qufu, Shandong Province have been continuously destroyed. On June 5438+065438+ 10, 2000, a Yuan Dynasty stone tablet "Shang Yun Yuci Monument" in Confucius Temple was damaged by security guards of Qufu Confucius Tourism Group Co., Ltd. driving illegally in Confucius Temple, and the loss was irreparable. On June 65438+February, 2000, Qufu Confucius Tourism Group Co., Ltd. arranged a general cleaning, and another incident occurred in which ancient buildings and inscriptions were directly washed or wiped with water, resulting in direct losses of paints and colorful paintings, and the ancient buildings and inscriptions had potential safety hazards. For another example, the Great Wall is more than 7,000 kilometers long from Hushan in Dandong to Jiayuguan. Due to the continuous deterioration of the ecological environment along the line and the destruction of human factors, the destruction phenomenon is very serious. Especially in the arid desert areas in the west, most areas have been buried by quicksand. At present, only one third of the Great Wall has been repaired and protected, another third has been damaged, and another third has long since ceased to exist. In many villages at the foot of the Great Wall, almost every family has pigsty and chicken coop made of bricks of the Great Wall. In order to save trouble, many farmers simply dug holes in the Great Wall to make toilets, leaving the Great Wall riddled with holes.

(5) loss.

Some precious cultural relics attached to the world cultural and natural heritage are constantly lost because of theft or mismanagement. Chongqing Dazu stone carving has been successfully declared as a world cultural heritage since 1999. As an important part of its stone carvings, Baoding Mountain, Beishan Mountain and Nanshan Mountain have been listed as first-class cultural relics protection units by the state, and their cultural relics risk levels are also listed as first-class. Because many stone carvings are distributed outdoors, it brings some difficulties to the management of cultural relics. More than 30 full-time security guards and 8 hounds patrol the Dazu Stone Carving Art Museum day and night, but their strength is still weak. On February 1 1, 2004, the cliff statue of Shimenshan in Dazu Stone Carving in No.6 niche and the one-legged Five-Road Emperor in No.7 niche were stolen. The cliff statue of Shimen Mountain is a statue area where Buddhism and Taoism are integrated. 1996, the State Council was declared as a national key cultural relics protection unit. Avalokitesvara and the five imperial capitals with one leg are the fine works in stone carving. The Liushou Guanyin's height 182, shoulder width 45 and chest thickness 2 1 cm show a sense of compassion. One-legged Emperor Wu Tong, with a height of 192, a shoulder width of 44 and a chest thickness of 25 cm, is a ghost who works in Jiangnan and likes to prostitute women. After the case occurred, with the approval of National Cultural Heritage Administration, the electronic monitoring installation project of Baoding Stone Carving in Dazu Stone Carving Core Scenic Area was fully launched. 28 cameras and 40 alarms will be installed in the whole Baoding stone carving area, and more than 600 meters of induction cable anti-theft equipment will be installed on the hillside around Fowan, and the stone carving will be monitored and protected for 24 hours with audio and video to ensure foolproof. It's never too late to mend!

(6) unscientific reduction.

According to an expert survey, the Hushan Great Wall in Dandong, Liaoning Province is the easternmost part of the Ming Great Wall. 1990 Archaeological excavation found the site, and 1992 approved the reconstruction. The reconstruction project of Hushan Great Wall, although the foundation site of the Great Wall was carefully excavated, was not designed according to the style, structure and materials of the Great Wall obtained by archaeology. Few bricks were used in the Hushan Great Wall, but many city bricks were used in the rebuilt Hushan Great Wall. More importantly, the Hushan Great Wall was basically rebuilt on the original site, and almost all archaeological sites were destroyed.

Third, the legislative practice of protecting world heritage in China.

(1) Promulgating national laws and regulations.

1, laws and regulations on the protection of cultural relics and historical heritage. Since 1980s, with the emphasis on legal construction, laws and regulations on cultural relics in China have been greatly developed. According to the requirements of strengthening the construction of socialist legal system, the Fifth the NPC Standing Committee passed and promulgated the Law of People's Republic of China (PRC) on the Protection of Cultural Relics on June 5, 2009. On October 28th, 2002, the Law of People's Republic of China (PRC) on the Protection of Cultural Relics was revised. On the basis of this law, the State Council has approved the promulgation of cultural relics administrative regulations, including Regulations on the Protection and Management of Underwater Cultural Relics in People's Republic of China (PRC), Measures for the Management of Foreign-related Archaeological Work in People's Republic of China (PRC), and Detailed Rules for the Implementation of the Cultural Relics Protection Law. , the "People's Republic of China (PRC) Cultural Relics Protection Law" made detailed and special provisions.

2. Laws related to criminal protection. China has set up a separate chapter in the criminal law, which initially standardized the punishment for cultural relics crimes. According to the relevant provisions of the criminal law, all criminal acts that hinder the management of cultural relics, such as deliberately damaging precious cultural relics protected by the state or cultural relics identified as national key cultural relics protection units or provincial cultural relics protection units; Intentionally damaging places of interest under state protection, if the circumstances are serious; Negligently damaging precious cultural relics under state protection or cultural relics designated as national key cultural relics protection units or provincial cultural relics protection units, resulting in serious consequences; Selling precious cultural relics prohibited by the state without authorization; Selling cultural relics prohibited by the state for the purpose of making profits; State-owned museums, libraries and other units sell cultural relics under state protection or give them to non-state-owned units or individuals privately; Whoever excavates ancient cultural sites and ancient tombs with historical, artistic and scientific value must bear corresponding criminal responsibility. If the circumstances are serious, they may be sentenced to life imprisonment or death. The implementation of the criminal law provides a powerful legal weapon for the protection of cultural relics and world heritage, effectively deterring criminal activities.

3. Laws related to public security management. Article 25 of the Regulations on Administrative Penalties for Public Security stipulates: "Whoever commits any of the following acts from Item to Item shall be fined up to 200 yuan or given a warning ... if cultural relics are found in underground, inland rivers, territorial waters and other places, they will not be reported or handed over to the state; ..... intentionally defacing cultural relics and historical sites protected by the state and damaging sculptures in public places, which are not serious enough for criminal punishment ... ".

4. Laws related to administrative protection. (1) Protect forest heritage. "Forest Law" stipulates: "Forests are divided into the following five categories: it is strictly forbidden to cut scenic spots and historical sites in special-purpose forests, trees in revolutionary memorial sites and forests in nature reserves. "(2) Protection of natural heritage. Article 17 of the Mineral Resources Law stipulates that mineral resources may not be mined in nature reserves, important national scenic spots, immovable historical relics and national key protected scenic spots without the consent of the relevant competent authorities authorized by the State Council. Article 19 stipulates: "In the exploration and exploitation of mineral resources, rare geological phenomena and cultural relics with great scientific and cultural value shall be protected and reported to the relevant departments in time. "(3) Protect the heritage environment. Article 17 of the Environmental Protection Law stipulates that people's governments at all levels should take measures to protect representative areas of various natural ecosystems, natural distribution areas of rare and endangered wild animals and plants, important water conservation areas, geological structures with great scientific and cultural value, famous caves and fossil distribution areas, glaciers, volcanoes, hot springs and other natural relics, as well as cultural relics and ancient and famous trees, and it is strictly forbidden to destroy them. Article 12 of the Law on the Prevention and Control of Air Pollution stipulates that industrial production facilities that pollute the environment shall not be built in scenic spots, nature reserves and other areas that need special protection as determined by the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government; Construction of other facilities, the pollutant discharge shall not exceed the prescribed emission standards. (4) Planning and protection. Article 4 of the Urban Planning Law stipulates: "In formulating urban planning, attention should be paid to protecting and improving the urban ecological environment, preventing and controlling pollution and other public hazards, strengthening urban greening construction and city appearance and environmental sanitation construction, and protecting historical and cultural heritage, urban traditional features, local characteristics and human settlements. "Article 25 stipulates:" The development of new urban areas should meet the construction conditions of water resources, energy, transportation and disaster prevention, and should avoid underground mineral deposits and underground cultural relics. "

5. Laws related to civil protection. "General Principles of the Civil Law" stipulates: "Citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of production that citizens are allowed to own by law and other lawful property. The legitimate property of citizens is protected by law, and it is forbidden for any organization or individual to occupy, plunder, destroy or illegally seal up, detain, freeze or confiscate it. " "Unknown buried objects and hidden objects belong to the state." Inheritance law stipulates that heritage is the personal legal property left by citizens when they die, including citizens' cultural relics.

(2) Promulgating local regulations.

Due to China's vast territory and rich resources, there are great differences among different regions, so the contents and methods of cultural relics and world heritage protection in different regions will be different, and the requirements for protection and management will be different. Therefore, according to the Law of People's Republic of China (PRC) on the Protection of Cultural Relics, local laws and government regulations have emerged in combination with local actual conditions. On March 1 day, 2003, the Regulations on the Protection of Dunhuang Mogao Grottoes in Gansu Province passed by the Standing Committee of Gansu Provincial People's Congress came into effect. This indicates that Dunhuang Mogao Grottoes, as the first batch of key cultural relics protection units and the first batch of world cultural heritage units in China, have been further brought into the legal track. There are 4 1 articles in this regulation, which fully embodies the policy of "giving priority to protection, giving priority to rescue, rational utilization and strengthening management". Clarify the object and scope of protection, expand key protected areas and determine general protected areas; It stipulates the punishment measures for damage to cultural relics and the reward measures for those who have rendered meritorious service in cultural relics protection; Dunhuang Research Institute has been entrusted with the responsibility of cultural relics protection and some law enforcement functions entrusted by the government. The regulations clearly stipulate that "capital construction and tourism development within the protection scope of Dunhuang Mogao Grottoes must abide by the policy of cultural relics protection, and their activities must not cause damage to cultural relics and their environment", and "units and individuals who need to photograph cultural relics of Dunhuang Mogao Grottoes should be approved by the state cultural relics administration department and pay fees according to regulations". Intellectual property rights such as scientific protection of technological research achievements, cooperation and exchanges at home and abroad are also included in the regulations. Sichuan Province has also promulgated the Regulations on the Protection of World Heritage in Sichuan Province. On August 1 day, 2003, the Great Wall Law, a special law for the protection of the Great Wall, was formally implemented after discussion and certification by the Beijing Municipal Government. The promulgation of the Great Wall Law will promote the improvement of the surrounding environment of the Great Wall and restore its true colors.

Four. Law enforcement practice of protecting world heritage

For a long time, governments and judicial organs at all levels in China have strictly implemented the Law of People's Republic of China (PRC) on the Protection of Cultural Relics and related laws and regulations, and have done a lot of hard work to protect those potential, declared and approved world heritages. This is just a summary of the approved law enforcement protection of world heritage.

(1) Orderly arrangement.

Zhoukoudian Peking man site is a world cultural heritage. Since 1927, the site has been excavated on a large scale and systematically, and a large number of precious ancient human and animal fossils, as well as a large number of stone tools and fire relics have been unearthed. Due to historical reasons, many fossil sites outside the core area are incomplete and unclear, and some sites have disappeared due to quarrying. On March 18, 2004, Zhoukoudian Peking Man Site Museum launched an unprecedented investigation according to relevant laws and regulations, and sorted out the new ancient human activity sites found in Zhoukoudian Peking Man Site in recent years, filling the gap that 27 fossil sites do not have a complete set of systematic data.

(2) Restrict tourism activities.

Some departments in charge of world heritage and scenic spots fully realize the importance of protecting world heritage and strengthen the protection work according to law. The Regulations on the Protection of Mogao Grottoes in Dunhuang, Gansu Province clearly stipulates: "Scientifically determine the tourist environmental capacity of Mogao Grottoes, adopt a zoning rotation system for open grottoes or limit the number of tourists." In 2003, Sichuan Province, which has four world heritages, Jiuzhaigou, Huanglong, Emei Mountain-Leshan Giant Buddha and Qingcheng Mountain-Dujiangyan, introduced the "reserved tour" mode to reduce the damage of tourism to scenic spots by limiting the number of tourists. Sichuan province has also closed small hydropower stations and small coal mines in scenic spots, promoted clean fuels in scenic spots, carried out eco-tourism and strengthened ecological construction in surrounding areas. In the off-season, the closed rest system of scenic spots is implemented, which continuously improves the quality of local landscapes.