Research on the Civil Public Interest Litigation for the Protection of Cultural Relics Initiated by Social Organizations
Social organizations for the protection of cultural relics can help promote the cause of cultural relics in civil public interest litigation with their significant advantages such as professionalism,geography and public interest,but at present,it does not have the legal qualifications to exercise the right of public interest litigation.Given that there is still a gap in the institutional supply and practical experience of social organiza-tions initiating civil public interest litigation for cultural relics protection,in reference to the experience of en-vironmental protection organizations initiating environmental protection civil public interest litigation,it is found that,by granting cultural relics protection organizations the right to file public interest litigation,risks such as difficulty in obtaining legal plaintiff qualifications,unclear relationship with administrative organs in terms of litigation rights,disputes over the exercise of the right to claim damages,and lack of complementary measures for litigation motivation may come up.Therefore,to establish a system for cultural relics protection organizations to initiate civil public interest litigation for cultural relics protection,we should relax the thresh-old for legal plaintiffs,determine the order of social organizations ahead of administrative agencies,allow the filing of claims for compensation for cultural relics damage,and establish an incentive mechanism to encourage social organizations to exercise their right to initiate public interest litigation.
social organizationcivil public interest litigationcultural relics protectionsequence of liti-gation rightslawsuit request
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