文物和文化遗产保护检察公益诉讼

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文物和文化遗产保护不力怎么办?检察公益诉讼“当诉则诉”!
Xin Hua She· 2025-06-14 06:04
Group 1 - The core viewpoint emphasizes the necessity for the judicial system to take action when administrative departments fail to protect cultural heritage, highlighting the "sue when necessary" principle in public interest litigation [1][2] - In 2025, from January to May, a total of 2,160 public interest litigation cases related to cultural heritage protection were filed by procuratorial organs, accounting for 4.61% of the total public interest litigation cases, with a growth rate of 40.1% [2] - The Supreme People's Procuratorate plans to enhance collaboration with administrative agencies such as construction and cultural departments, and will conduct a review of the Great Wall protection efforts in the second half of the year [2] Group 2 - The case of the Qingshan Stone Grottoes in Shandong illustrates the challenges faced in restoring damaged cultural relics, where the local cultural and tourism department initially promised repairs but failed to deliver timely results [1] - Following the initiation of administrative public interest litigation by the Qingshan procuratorial agency, the restoration work commenced, and the results were positively received by experts during hearings [1] - The case concluded in February 2025, as the procuratorial agency's requests were fully realized, demonstrating the effectiveness of legal action in enforcing administrative responsibilities [1]
最高检公益诉讼检察厅负责人就文物和文化遗产保护检察公益诉讼典型案例答记者问
Yang Shi Wang· 2025-06-14 02:22
Core Viewpoint - The Supreme People's Procuratorate of China has released a series of typical cases related to the protection of cultural relics and heritage, emphasizing the importance of legal supervision and public interest in safeguarding cultural assets [2][5]. Group 1: Main Considerations for the Release of Cases - The theme for this year's Cultural and Natural Heritage Day is "Let Cultural Relics Shine with New Vitality," aimed at promoting the spirit of the 20th National Congress of the Communist Party and the newly revised Cultural Relics Protection Law [2]. - The new law, effective from March 1, 2025, incorporates public interest litigation into the legal framework for cultural relics protection, enhancing the confidence and responsibilities of the procuratorial authorities [2]. - From January to May 2025, a total of 2,160 cases related to cultural relics and heritage protection were filed, accounting for 4.61% of all public interest litigation cases, with a growth rate of 40.1% [2]. Group 2: Characteristics of the Released Cases - The cases cover a diverse range of cultural relics, including ancient sites, buildings, and linear cultural heritage, highlighting both high-value and lower-grade relics [3]. - The supervision focuses on both the failure to perform duties and illegal actions by administrative bodies, with specific cases addressing negligence and unlawful transfers of cultural relics [3]. Group 3: Focus on Administrative Public Interest Litigation - Among the six cases released, four involved administrative public interest litigation where the procuratorial authorities took legal action after administrative bodies failed to rectify issues following recommendations [4]. Group 4: Typical Significance of the Released Cases - The release reinforces the requirement for "litigation when necessary," emphasizing the role of procuratorial authorities in legal supervision and public interest protection [5]. - The cases clarify specific circumstances under which the review of public interest litigation can be suspended, providing detailed guidelines for the handling of such cases [5]. - There is an increased emphasis on the overall protection of cultural resource collectives, as demonstrated by a case involving the protection of the "Tea Road" heritage [6]. Group 5: Future Measures for Promoting Public Interest Litigation - The procuratorial authorities plan to enhance the quality and effectiveness of handling cases in the cultural relics protection sector, treating it with equal importance as other legal areas [7]. - There will be a focus on special supervision activities, including the protection of historical cultural cities along the Grand Canal, with an aim to transition from individual case handling to systematic remediation [8]. - Continuous collaboration with various administrative bodies is essential for effective protection, with plans to strengthen cooperation mechanisms and information sharing [8].