本体保护到综合治理:我国水下文物保护法治进路的思考——兼谈《保护水下文化遗产公约》最佳实践名录的启示

From the Protection of Main Body to Comprehensive Management:a Study on Rule-of-law Approach to Underwater Cultural Heritage Protection——Implications of the Best Practice Examples according to Convention on the Protection of the Underwater Cultural Heritage

在加快建设海洋强国和增强文化自觉的时代背景下,2022年新修订的《水下文物保护管理条例》为我国水下文物保护工作提供了更为完善全面的法律保障,也带来新的机遇。水下文物作为特殊的海洋资源,如何与其他海洋资源、地方经济和谐发展;又如何充分发挥其所蕴含的中华优秀传统文化的作用,增强文化自信是新时代海洋强国战略下我国水下文物保护工作面临的时代要求。联合国教科文组织《保护水下文化遗产公约》缔约国大会于2015年确立水下文化遗产“最佳实践名录”制度并自2017年开始实施,该制度以水下文化遗产可持续发展为遴选原则,以水下文化遗产与其他海洋资源、社会经济协调发展为遴选目标。13例“最佳实践”案例,对我国水下文物保护工作有借鉴意义。为推进我国水下文物保护工作高质量发展,应尽快建立从本体保护到综合治理理念,逐步加强水下文物法治体系的建设,推进文化强国和海洋强国战略目标的实现。

In the context that China is speeding up its development into a marine power and enhancing the cultural awareness,the revised Regulations of the People's Republic of China Concerning the Administration of the Protection of Underwater Cultural Relics in 2022 provides a more comprehensive legal protection for undertakings relating to underwater cultural heritage.Its focus has changed from drafting laws for the protection to comprehensive management of underwater cultural heritage based on rule of law,which also brings new opportunities to undertakings relating to underwater cultural heritage.The paper focused on the revised provisions in Regulations of the People's Republic of China Concerning the Administration of the Protection of Underwater Cultural Heritage and analyzed the latest rule-of-law concepts relating to underwater cultural heritage in China and the new opportunities,namely,there is the demand for comprehensive management of underwater cultural heritage,including protecting the heritage itself,stakeholders of the heritage and content contained by the heritage.In addition,the paper conduct empirical analysis on the new practices in accordance with international laws on the protection of underwater cultural heritage,that is,how to use underwater cultural heritage as marine cultural resources to promote sustainable marine development,which has become a new international trend.This study has the following contributions.Firstly,this study considers underwater cultural heritage as one kind of cultural resources among various marine resources,based on which,the analysis is carried out on how to develop underwater cultural heritage,other marine resources and local economy in harmony.Secondly,by focusing on Best Practice Examples in Access to Underwater Cultural Heritage released by the UNESCO in accordance with Convention on the Protection of the Underwater Cultural Heritage,the authors identify new features of sustainable development of underwater cultural heritage based on the analysis in this study.Thirdly,a rule-of-law approach to comprehensive management relating to underwater cultural heritage protection in China is proposed to meet the demand for underwater cultural heritage protection in a new era when China adopts the strategy to become a marine power.This study explores the development of a rule-of-law system for protecting underwater cultural heritage in China through four approaches as follows.To improve the efficiency and outcome of management should be the foundation.The principle for the development of the rule-of-law system is that the development should be moderate.The measures to be taken to develop the system should be based on dynamic classification of the heritage and effective monitoring of the conditions of the heritage over a long term.The objective of the system development is to achieve coordinated development so that China can realize its strategic goal of becoming a cultural power and a marine power.