Comparison of protection strategies for Chinese and foreign historical and cultural cities (2)

Comparison of the protection legislation of historical and cultural cities in various countries. my country's legislative system for the protection of ancient cultural cities adopts a combination of national legislation and local legislation. The state formulates national protection laws and regulatory documents, and local governments formulate local regulations and regulatory documents within the scope of legislative authority. .

Compared with the legal systems of countries such as Britain, France, and Japan, my country's legal system for the protection of historical and cultural cities is relatively lagging behind. This is mainly due to the imperfection of national laws and regulations relative to my country's historical and cultural heritage protection system.

Among the three protection levels consisting of cultural relics, historical and cultural protected areas and famous historical and cultural cities, the legal system for cultural relics protection is relatively complete. There are only a small number of regulatory documents for famous cities and protected areas, and there is a lack of corresponding laws and regulations.

Regulations and legislation on historical and cultural protection areas are still almost blank.

The series of British legislation is based on national legislation as the core. It establishes relatively detailed regulations on objects, protection agencies and groups, and local government functional funding policies for different levels of protection of monuments, registered buildings, protected areas, and historical cities. Local governments

The government mainly implements and interprets these legal provisions, and provides planning guidance, construction and protection consultation to the public. At the same time, it also provides limited supplements and deepening of national legislation by formulating regional planning and regulatory documents.

The most significant feature is that the supervision of conservation organizations and legislative participation are included in the legislative and law enforcement procedures.

France’s protection legislative system adopts a full combination of national and local legislation, with the "Historic Monuments Law" and the "Malraux Law" as the core of the protection laws at the two levels of cultural relics buildings and protected areas respectively, clarifying the objects of protection, protection

Methods and principles of protection funds, local governments should formulate more detailed, in-depth and targeted protection, management, control, laws and regulations documents based on the city's own characteristics and urban planning.

The combination of a sound national legislative framework and flexible and detailed local legislation is a characteristic of the French legal system for the protection of historical and cultural heritage.

Japan’s protection legislative system is similar to that of France, which also adopts a combination of national and local legislation. The difference is that the objects protected by Japan’s national legislation are often only the most important parts of the national historical and cultural heritage that are determined to be the responsibility of the central government, and more

Vast areas are protected by local governments through local legislation.

Take Japan's 1966 "Ancient Capital Protection Law" as an example. The objects of its protection are limited to Kyoto City, Nara City, Kamakura City, and Tenri City, Sakurai City, Tanbara City, Banmachi and Asuka Village in Nara Prefecture. Kyoto City

The non-historic customs preservation areas are not protected by the "Ancient Capital Protection Law" and are supplemented by separate regulations formulated by the Kyoto City local government, such as the "Kyoto Featured Area Regulations."

Similarly, similar areas in other cities are protected by legislation through the city's own "Regulations on the Protection of Historic Environment" and "Regulations on the Preservation of Traditional Aesthetics".

The names, scope, protection methods, funding sources, etc. of these protected areas are determined by local regulations formulated by local governments.

The same is true for the preservation areas of traditional buildings in Japan's "Cultural Relics Protection Law". Local governments can set up preservation areas for traditional buildings, formulate protection regulations and prepare protection plans. On this basis, the country selects important areas as important

Areas where traditional buildings are preserved are included in the protection scope of the central government.

Therefore, Japan’s legislative system for the protection of historical and cultural heritage is essentially based on local legislation, which is one of its important features.

Although the legislative systems and focuses of protection in various countries are different, they all have the following common characteristics: 1. Sound national laws and regulations cooperate with their respective historical and cultural heritage protection systems to form a complete historical and cultural heritage.

Legal framework for heritage protection.

2. Providing financial guarantees to protected objects is one of the important contents of the laws of various countries. The contents of financial guarantees often include not only the objects of capital investment, but also the institutions that provide funds, and even the specific amounts and proportions, etc., which are very detailed and implemented.

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Most of the documents in the UK's major conservation laws involve the provision and sources of conservation fees; the provisions on financial subsidies in France's two most important laws, the "Historic Monuments Law" and the "Malraux Law", are also one of the most important contents.

; Japan not only stipulates the source of funds in legal documents, but also clearly stipulates the funding ratio of national and local governments.

The legislative guarantee of protection funds is an important guarantee for the protection of historical and cultural heritage in various countries.

3. The contents of legal documents are highly operational.

On the basis of clarifying the objects and scope, the legal documents only provide principled limits on the methods and means of protection, while setting out the procedures for protection management, the respective responsibilities and interrelationships of the state, local and civil society, as well as the sources and sources of protection funds.

The provisions for violation of penalties are more detailed and strict.

That is to say, while strictly controlling and restricting the protection management process itself, a certain degree of flexibility is given to specific protection practices. This undoubtedly makes the regulations themselves have the dual characteristics of strong operability and strong adaptability.

Sources of Investment in the Protection of Historical and Cultural Cities Although the UK and Japan have many differences in their historical and cultural heritage protection content systems and protection management systems, they are very similar in terms of funding guarantee systems.