文物保护公益诉讼:动因、现状、路径——基于96起案件的实证分析

Motivation,Situation,and Promotion of Cultural Relics Protection Public Interest Litigation:an Empirical Analysis Based on 96 Cases

我国文物保护管理体系长期以行政管理为主导,社会力量参与度有限。公益诉讼以保护公共利益为目的,能够从程序上突破传统诉讼制度对原告诉讼主体资格的限制,且能够达到事前保护的效果,弥补文物行政执法的不足。本文以96起文物保护公益诉讼案件为研究对象,分析其在时空分布、原告类型、被告类型、案件性质、责任承担、审理结果等方面的发展态势,总结当前文物保护公益诉讼实践中的亮点与问题,并从路径选择、主体资格、程序设置、保障机制四个方面就推进文物保护公益诉讼制度构建提出建议。

In China,the cultural relics protection management system has been in a closed state dominated by administrative management for a long time,and the participation of social forces is very limited.With the development of economic development and infrastructure construction,the situation of cultural relics protection and management becomes more and more serious,with increasing onerous tasks.This is undoubtedly large challenge for the cultural relics management departments with limited budget,shortage of personnel,and weak power.Only relying on administrative means can no longer meet the needs of cultural relics protection,so we have to explore a new way for cultural relics protection.Judiciary is the last barrier to the protection of rights and can be an effective means of cultural relics protection.The purpose of public interest litigation is to protect the public interests,and the subject of the lawsuit may have no direct interest in the consequences of the infringement,so it can break through the limitations of the traditional litigation system on the qualifications of the plaintiff's subject of litigation from a procedural perspective.Moreover,unlike the characteristics of post-event relief in traditional litigation,public interest litigation can achieve the effect of ex-ante protection,promote the protection of cultural relics,and make up for the shortcomings of administrative law enforcement.Although the legal system of public interest litigation has not yet been officially introduced in the field of cultural relics protection in China,there have been multiple cases of protecting cultural relics through public interest litigation in practice.The academic community has not yet conducted a comprehensive discussion on this.Therefore,it is necessary to conduct a systemic analysis of these cases,sort out their development trends,and summarize their highlights and shortcomings.This article takes 96 public interest litigation cases for cultural relics protection that have entered the litigation process before January 1,2023 as the research object.It analyzes their development trends in terms of spatiotemporal distribution,plaintiff types,defendant types,case nature,responsibility assumption,and trial results.It helps us better understand highlights and problems in the current practice of cultural relics protection public interest litigation,and proposes suggestions for promoting the construction of cultural relics protection public interest litigation system from aspects of path selection,subject qualification,procedural setting,and guarantee mechanism,which can provide references for the practice of cultural relics protection and management.