Systemic Protection of the Beijing Central Axis Cultural Heritage Shall be Support by the Rule of Law
Date：2024/08/20 14:18:47
The inclusion of China's "Beijing Central Axis—A Masterpiece of Chinese Ideal Metropolitan Order" and two other projects in the World Heritage List serves as a successful example of telling Chinese stories through cultural heritage. It vividly showcases to the international community the significant contributions of the profound and extensive traditional Chinese culture to the development of human civilization and the true face of China in the new era. It provides an excellent model for our country and the world to explore systematic protection of cultural heritage.
China's "14th Five-Year Plan" outlines the "strengthening of systematic protection of important cultural and natural heritages, as well as intangible cultural heritages" as a significant task in cultural construction. In 2021, the General Office of the CPC Central Committee and the State Council issued the "Opinions on Strengthening the Protection and Inheritance of Historical Culture in Urban and Rural Construction," which proposes to improve institutional mechanisms and policies, coordinate protection, utilization, and inheritance, and establish a classified, scientifically protective, and effectively managed urban and rural historical and cultural heritage protection and inheritance system. This ensures systematic protection of important historical and cultural heritages from all periods in urban and rural areas. Systemic protection not only requires coordinating the relationships between historical and cultural heritages and economic development, urban and rural construction, social governance, and improvement of people's livelihoods but also fully implementing various policies and measures for the protection of cultural heritage to promote sustainable economic and social development.
The Beijing Central Axis is a historical heritage that can fully reflect the ritual order and planning ideas of the capital system in the existing dynasties of China. The objects of protection include not only 15 core heritage elements in five categories but also historical city outlines, historical alleys, urban landmarks or building complexes, landscape corridors, and the spatial form of the old city of Beijing that show the spatial texture, historical style, and core status of the Central Axis. It also includes historical famous gardens, ancient trees, and famous woods that highlight the cultural connotations and values of the Central Axis; historical rivers, lakes, and water cultural heritages closely related to the formation and development of the Central Axis; and intangible cultural heritage resources such as national ceremonial traditions, urban management traditions, construction skills traditions, and folk culture traditions that reflect the history and culture of the Central Axis. Only by adhering to the overall protection of the old city of Beijing and the historical and cultural city of Beijing, integrating various resources, and considering the relationship between heritage protection and economic development and improvement of people's livelihoods, can we truly promote the integration of historical culture and modern life. The protection of the Beijing Central Axis is a successful exploration of building a historical and cultural heritage protection and inheritance system through holistic and systematic protection.
The successful application for the Beijing Central Axis also shows that the rule of law plays an important role in improving the level of cultural heritage protection management and safeguarding and promoting the construction of historical and cultural heritage protection and inheritance systems. The protection and management of the Beijing Central Axis involve many protection institutions and management units at different levels and of different natures, as well as complex and diverse interests of different social entities, which need to be properly and effectively resolved. The "Beijing Central Axis Cultural Heritage Protection and Management Regulations" (hereinafter referred to as the "Regulations"), which came into effect on October 1, 2022, provide a legal basis for resolving right conflicts and balancing public and private interests in heritage protection. For example, it clarifies the division of responsibilities among different departments and institutions in the protection and management of the Central Axis cultural heritage, as well as the protection responsibilities of owners, managers, users, and other protection responsibility persons of various protection objects. It requires the establishment of a special institution for the protection of the Central Axis cultural heritage and guides, supervises, and ensures the implementation of responsibilities through a systematic heritage monitoring mechanism.
In addition, the "Regulations" also establish a coordination and consultation working mechanism for important matters in the protection of the Central Axis, clarify the main content that the Central Axis protection plan should include, and require the coordinated advancement of opening the Central Axis cultural heritage to the public, coordinating the development of heritage and tourism resources, and encouraging, supporting, and guiding social forces, especially community residents in the heritage area, to participate in various ways. This deepens the residents' sense of identification with the value of the heritage, enhances the residents' sense of gain and happiness, and promotes the co-governance and sharing of the protection of the heritage. It can be said that the legal system has played an indispensable role in coordinating the protection and utilization of different types of cultural heritage and building a protection and inheritance system.
The protection and inheritance of cultural heritage is a significant task that is long-term and beneficial to future generations. The successful application of the Beijing Central Axis has inspired us that systematic protection of cultural heritage cannot be separated from the strong support of the rule of law. It is worth noting that the current Standing Committee of the National People's Congress has completed the second review of the draft amendment to the Cultural Relics Protection Law; the comprehensive revision of the Intangible Cultural Heritage Law and the "Regulations on the Protection of Historical and Cultural Cities, Towns, and Villages" is underway; the 14th Standing Committee of the National People's Congress has included the Historical and Cultural Heritage Protection Law in the legislative plan, and the relevant work has been carried out in an intense and orderly manner. We believe that the continuous improvement of the cultural heritage legal system construction will provide a more solid legal power and guarantee for the construction and development of the national historical and cultural heritage protection and inheritance system.
Originally published in the "Rule of Law Daily" on August 19, 2024, Edition 04, with the title "Providing Legal Support for Systemic Protection of Cultural Heritage." The title and text have been slightly modified when reposted.
Author:
Hu Shanchen, the researcher at the Research
Center for Cultural Law and Human Rights at Minzu University of China, and the
member of the UNESCO Chair on Cultural Heritage Law.
