Ms. MENG Na Talks about Cultural Heritage Protection and Public Interest Litigation Judiciary|CBCGDF Legal Department Discussion Meeting

In order to carry forward Chinese history and culture, promote the construction of ecological civilization, and explore the use of public interest litigation and environmental public interest litigation to promote cultural heritage protection, on the afternoon of April 18, 2024, the Legal Department of the China Biodiversity Conservation and Green Development Foundation (CBCGDF) jointly relevant units successfully held a seminar on public interest litigation on cultural heritage protection. The following is the general content of Ms. Meng Na’s speech:

Good afternoon, experts, scholars, and colleagues in the legal field. I am very honored to participate in this seminar today.

First of all, the Environmental Resources Tribunal of the People's Court of Miyun District, Beijing was established on the basis of the original court, the People's Court of Miyun District.

Today, I want to talk about “Cultural Heritage Protection and Public Interest Litigation Judiciary”, which is also the title of my speech.. As a grassroots court in Beijing, Miyun Court has not yet started practice in the field of cultural heritage public interest litigation.

Within the scope of courts across the country, the procuratorate may have made more efforts or provided more experience in cultural heritage protection than the procuratorate. For example, they have done an excellent job in cultural protection and ecological inspection of the Great Wall. In recent years, the Supreme Court has attached great importance to the protection of environmental resources and cultural relics and cultural heritage. Management and guidance in this area are gradually being strengthened. In the future, courts are likely to play an increasingly active role and have an increasing impact in terms of ecological environment protection and cultural heritage protection. I also hope that our court can make its own contribution to the protection of cultural heritage.

Well, today I would like to summarize the experience and practices accumulated by courts across the country in this judicial practice by reviewing a number of typical cases on the protection of cultural relics and cultural heritage announced by the Supreme People's Court in February 2023 last year.

The 15 typical cases announced in 2023 include two criminal incidental civil public interest litigation cases, two civil public interest litigation cases and one administrative case. These cases fully demonstrate the judicial concepts and practices adhered to by the people's courts at all levels in hearing cases involving the protection of cultural relics and cultural heritage. 

First, to adhere to the principle of comprehensive protection. Second, to adhere to the principle of comprehensive accountability. The third is to adhere to the principle of “protection first, case second”. The fourth principle is to adhere to collaborative linkage and multi-dimensional co-governance.

I also hope that in the judicial practice of cultural relics protection, efforts will be made in the following aspects: first, to improve the professional capabilities of the trial team; second, to severely crack down on crimes involving cultural heritage; third, to build a coordination and linkage mechanism; Fourth, it is necessary to communicate with the procuratorate to enrich the working mechanism of public interest litigation. Finally, we must improve the effectiveness of legal propaganda.

Thank you all!

Original article:https://mp.weixin.qq.com/s/OInQ3VXfkR7bJGuQyxIyGw

Translator:Daisy

Checked by Sara

Editor: Daisy

Contact: v10@cbcgdf.org; +8617319454776

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