文物法律保护的困境及其解决途径——以公民对文物的文化权利需求为视角

Dilemmas and Resolutions of Legal Protection for the Cultural Relics——Analysis from the Perspective of the Demand of the Citizen for Cultural Heritage Rights

国际法和我国的国内法都有保障公民的文化权利和保护文物的条文,国家有义务为公民的文化权利提供便利条件,为了满足公民日益增长的精神文化要求,我国将很多文物公开展出。然而,文物保护正面临着亟待解决的诸多问题。文化权利的保障与文物保护的理论从"人类为中心主义"转变到"生态中心主义"和"世代公平",公物理论衍生的文化权利与文物保护之间也存在矛盾。既能解决文物保护困境,又能保障公民对文物的文化权利,应重新确定公民对文物的权利与义务,号召公众积极参与到文物保护事业当中。

There are many law provisions on the protection for the cultural rights of the citizen and the cultural relics in international law and domestic law in China. In order to meet the growing spiritual and cultural requirements of the citizen increasingly, the country takes the obligation to provide all aspects of convenient conditions, thereinto, one of the important measures is that many artifacts are exhibited to the public. However, cultural relics protection is being faced with many problems to be resolved urgently. The theories in the protection of cultural rights and cultural relics have transformed from ＂human-centrism＂ into ＂ecocentrism＂ and ＂intergenerational equity＂. Between cultural rights derived from public property theory and the protection of cultural relics, there are contradictions as well. Currently, the effective methods to overcome the difficulties of the heritage preservation and protect the heritage and cultural needs of the citizen well are to redefine the citizen＇s the rights and obligations on the relics, and to call on the public to participate actively in the cause of heritage preservation.