General Secretary Xi Jinping pointed out: "Red resources are the testimony of our party's arduous and glorious struggle and are the most precious spiritual wealth. We must protect, manage and use red resources with heart and soul." "For red cultural resources, We must not only pay attention to the protection of tangible heritage, but also pay attention to the inheritance of intangible heritage." This points out the direction and provides a guide for inheriting and carrying forward the red tradition and protecting and utilizing red cultural resources. Effective protection and utilization of red cultural resources through legislation is an important measure to implement Xi Jinping's rule of law. It is also a legal approach to strengthen cultural confidence and cultivate socialist core values. At present, Heilongjiang has taken solid steps to build a culturally strong province, promoting the integrated development of legal culture, traditional culture, red culture, and local culture. It has also provided a good foundation for further protection of red resources. Legislation for the protection of red cultural resources is in sight. Must do.
Strengthen the concept of the rule of law and fully understand the significance of the red legislation of the times
Local legislation for the protection of red cultural resources is an inherent need to promote the comprehensive rule of law. "Law is an important tool for governing the country, and good laws are the prerequisite for good governance. To build a socialist legal system with Chinese characteristics, we must adhere to legislation first." The "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Promoting the Rule of Law" adopted by the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China defines "building a socialist legal system with Chinese characteristics and building a socialist country under the rule of law" as the overall goal of comprehensively advancing the rule of law. , strive to realize the rule of law pattern of scientific legislation, strict law enforcement, fair administration of justice and all people abiding by the law. The local legislation for the protection of red cultural resources is based on the superior law of each province or districted city. Under the principle of "non-conflict, distinctive and operable", it is based on the actual local situation, carries out experimental legislation in a targeted and effective manner, and continues to Accelerate the pace of legalization of red cultural resources, strengthen the protection and utilization of red cultural resources, and achieve the connection between legislation and reform decision-making.
Bringing the protection of red cultural resources into the legal track will help promote the legislative practice in the field of protection and utilization of local historical cultural relics, help establish and improve the legal system for innovative development in the local cultural field, and help strengthen the role of red culture in revolution, construction, and The distinctive characteristics of reform and other historical periods, which are both consistent and advancing with the times, play a role in "filling in the gaps" in national legislation in the field of culture and truly open up the "last mile" of cultural policy implementation. Through legislation, red resources and the spiritual energy contained in them can become a new engine to improve local people's livelihood and well-being, stimulate patriotic enthusiasm, and invigorate the national spirit. This is not only in line with the direction of the reform of the national cultural legislative system, but also for local economic and social development, It provides a strong guarantee for the construction of democracy and the rule of law and the construction of socialist spiritual civilization.
Local legislation for the protection of red cultural resources is a successful approach commonly adopted by some major cultural provinces. Establish rules and regulations through legislation to systematically regulate the investigation and identification, protection and management, utilization and promotion, legal responsibilities, etc. of red cultural resources. This is a basic system that not only meets the needs of national and provincial conditions, but also adapts to the needs of the protection and development of red cultural resources and fills in the legal gap. blank. Some domestic provinces and cities divided into districts have carried out red cultural legislative practices and achieved remarkable results and experience that can be used for reference. For example, my country's earliest local red legislation began with the "Regulations on the Protection of Yan'an Revolutionary Sites" passed in June 2001. With the expansion of the scope of protection, the improvement of protection and management measures, and the development of utilization and inheritance, the regulations have been revised twice. , revised, the revised "Shaanxi Province Yan'an Revolutionary Site Protection Regulations" came into effect in May 2020. Since then, Ningbo , Baise , Guiyang, Sanming , Jiaxing , Huanggang , Longyan , Wuzhong , html Cities such as Binzhou, Baoshan, Yancheng, Shanwei, Ganzhou, Ningde, Ji'an, and Nanjing have successively introduced red legislation.my country's provincial red legislation began with the "Regulations on the Protection and Utilization of Red Cultural Sites in Shanxi Province" that came into effect on October 1, 2019. The regulations determine the hierarchical protection system for red cultural sites and establish the system of persons responsible for the implementation of protection of red cultural sites. Subsequently, Shandong, Shanghai, Hebei, Sichuan, Hunan, Henan and other places also implemented red legislation. These legislations have different focuses, some focus on the protection and inheritance of red resources, some focus on the protection and utilization of revolutionary cultural relics, some focus on the inheritance of red spiritual heritage, and some focus on the revitalization and development of old revolutionary areas. The "Measures for the Protection and Utilization of Anti-Japanese War Relics in Chongqing", which came into effect on December 1, 2015, strengthened the protection and utilization of Anti-Japanese War relics and became the country's first local regulations on the protection and utilization of Anti-Japanese War relics. The "Guizhou Province Long March National Cultural Park Regulations" that will be implemented on July 1, 2021 is a practice of characteristic and precise legislation, and is the first of its kind to have local regulations on the Long March National Cultural Park.
Highlight local characteristics and create legislation to protect the red mark of Longjiang
Heilongjiang is a red fertile land with a glorious revolutionary tradition. Under the leadership of the Communist Party of China, the people of all ethnic groups in the province fought bloody battles, worked hard, overcame difficulties, pioneered and innovated, and wrote a magnificent and glorious historical chapter. Here is the red road for the spread of Marxism, here is the main battlefield of the Northeast Anti-Japanese Allied Forces, here is the rear area that supports the liberation of the country, and countless "firsts" of New China were born here... The Northeast Anti-Japanese War was nurtured here. Lian spirit, Daqing The spirit ( Iron Man spirit) and Beidahuang spirit (hereinafter referred to as the "Four Spirits") have become an important part of the spiritual pedigree of the Chinese Communists and have become an inspiration for the people of the province and even the country to shoulder their missions and start a business. Strong spiritual power.
Heilongjiang’s red cultural resources are as bright as stars and widely distributed; the red spirit is dazzling and inspiring. It includes not only the material cultural level of revolutionary sites, memorial sites and facilities, and red cultural relics, but also the intangible cultural level of Heilongjiang’s “Four Spirits.” According to the first published list of revolutionary cultural relics in Heilongjiang Province, there are 546 immovable revolutionary cultural relics, including 710 national key cultural relics protection units, 61 provincial-level cultural relics protection units, and 212 city (county)-level cultural relics protection units. There are 263 unclassified cultural relics protection units; 2,000 pieces (sets) of movable revolutionary cultural relics. In addition, it also includes red education bases, red tourism classic scenic spots, red tourism boutique routes, etc. During the 14-year arduous Anti-Japanese War, 9 of the 11 armies (more than 30,000 people) of the Northeast Anti-Japanese Allied Forces were born and fought in the Heilongjiang area. This land also provided the basis for the Chinese People’s Anti-Japanese War and the World Anti-Fascist War. It made important contributions to the victory of the Northeast Anti-Japanese War. A large number of Northeast Anti-Japanese War relics and revolutionary cultural relics are preserved here, laying a solid foundation for the research, display, publicity and utilization of the Northeast Anti-Japanese War. According to incomplete statistics, there are currently 352 Northeast Anti-Japanese War relics in Heilongjiang.
In order to effectively protect and utilize the red cultural resources of Heilongjiang and continue to inherit the red blood of the black land, in recent years, the three cities in the province, Qitaihe, Mudanjiang, and Harbin, have successively carried out legislative work on the protection of red cultural resources, and are learning from Based on the structure and content of red laws and regulations in other areas of the country, it is urgent to design legal texts that are in line with local realities to serve the protection and development of local red cultural resources.
The "Qitaihe City Regulations on the Protection and Utilization of Cultural Relics of the Northeast Anti-Japanese War", which came into effect on August 1, 2019, is the country's first local regulation on the protection and utilization of cultural relics of the Northeast Anti-Japanese War. In accordance with the principles of effective use, outstanding characteristics, and problem-oriented, the Regulations clarified the scope of protection, the approval procedures that should be completed for the construction, repair, and maintenance of Northeast Anti-Japanese War cultural heritage sites and memorial facilities, and the person responsible for the daily management of Northeast Anti-Japanese War cultural heritage sites, etc. . Focus on responding to social concerns such as the responsibility for identifying cultural relics of the Northeast Anti-Japanese War.The implementation of the "Regulations" has now been included in the local congress's law enforcement inspections, becoming a powerful criterion for performing supervision duties in accordance with the law, and gradually moving the Northeast Anti-Japanese War cultural relics protection work toward the rule of law, standardization, and institutionalization.
The "Mudanjiang Red Cultural Relics Protection and Utilization Regulations" that came into effect on March 1, 2021 provides a legal basis for the city to protect red cultural resources, polish the red cultural brand, and promote the spread of red culture. This "Regulations" is a system design based on the status of local red cultural resources and existing practical problems. It innovates management measures and solves the problems encountered in management. It further improves the awareness of the protection of red relics, strengthens protection measures and regulates utilization behavior. , is of great significance. The main responsibilities stipulated in the "Regulations" are complete and the division of labor is clear. It includes both the government main body and the auxiliary main body of the Expert Advisory Committee for the Protection of Red Cultural Relics, which provides consultation, demonstration, and review opinions for the protection of red cultural relics; it also determines protection responsibilities. Human beings are the direct responsibility subjects; they also have the advantages of multiple responsibility subjects. In addition, various regulations have been adopted to encourage the rational use of local red cultural relics.
The "Regulations on the Protection and Inheritance of Northeast Anti-Japanese Resistance League Culture in Harbin" that will be implemented on December 1, 2021 follows the concept of "establishing effective laws, establishing small and precise laws, and establishing distinctive laws", focusing the legislation on the Northeast Anti-Japanese War. To protect and inherit the alliance culture and anti-union spirit. This local regulation breaks the inherent legislative framework system for the protection of red culture and incorporates the protection and inheritance of Northeast Anti-Japanese War culture as an important part into the assessment and evaluation system for the creation of spiritual civilization. Provisions will be made on the list of revolutionary cultural relics of the Northeast Anti-Japanese War and its scope, and at the same time, the procedures for proposing, approving and publishing the proposed list will be clarified. From the perspective of strict control of ideology and , relevant practitioners are stipulated, and the paths and requirements for anti-union cultural propaganda, education, and display are clarified.
The creation and implementation of these three "Regulations" is a manifestation of Heilongjiang's red legislation highlighting local characteristics and focusing on spiritual inheritance; it is an expression of strengthening system construction and innovating publicity methods; it is an expression of establishing a sharing mechanism and promoting the integration of regional linkages. These local legislations for the inheritance and protection of red culture will accumulate experience for higher-level and wider-scale legislation, and will also contribute to the preparation of the "Heilongjiang Province Revolutionary Cultural Relics (Northeast Anti-Japanese War Sites) Centralized and Contiguous Protection and Exhibition Project Master Plan" and the implementation of the Northeast Anti-Japanese War Alliance The three-year action plan for the protection of heritage sites and revolutionary sites has laid the foundation.
Actively explore and practice and create a demonstration model for red resource protection
Adhere to the leadership of the party and strengthen the correct political direction. Red resources reflect the glorious history of the party, and the legislation for the protection of red resources must firmly establish the party’s consciousness and strengthen the party’s leadership. Promptly request instructions and report plans, progress and important systems in all aspects of legislation, truly integrating the party's leadership and the requirements of the Standing Committee of the National People's Congress throughout the entire legislative process. Heilongjiang is rich in red cultural resources and covers a wide range of areas, and the key and difficult issues in legislation involve institutional mechanisms. Therefore, in the legislation, we must adhere to the new era legislative work pattern of party committee leadership, National People's Congress leadership, government support, and participation of all parties, improve and perfect the legislative mechanism, solidly promote scientific legislation, democratic legislation , and legislation in accordance with the law, improve the quality of red legislation, and give full play to The leading and promoting role of legislation provides legal guarantee for the revitalization and development of the province.
Implement open-door legislation and gather the voices and opinions of all parties. The red legislation successively introduced by Qitaihe, Mudanjiang, and Harbin is to coordinate the preservation and protection of red cultural resources and the inheritance and promotion of the Northeast Anti-Japanese Alliance spirit. It is the first in China to focus on the protection and inheritance of red sites and red spiritual resources. Local regulations. This will provide rich materials and effective practices for red culture legislation at the provincial level. For example, before the "Qitaihe City Regulations on the Protection and Utilization of the Cultural Relics of the Northeast Anti-Japanese Federation" was promulgated and implemented, legislative expert demonstration meetings or symposiums were launched in Harbin and Qitaihe in December 2018 and March 2019. A draft bill will be formed based on soliciting opinions.Participants tended to be in related fields, including experts from the Legal Affairs Committee of the Standing Committee of the Heilongjiang Provincial People's Congress, experts in law, cultural relics protection, logic, and linguistics from universities, and veteran comrades who studied the history of the Anti-Japanese War. The legislation has gone out of the legislative door and reached the grassroots and the masses, which reflects the importance of the Standing Committee of the Qitaihe City People's Congress on democratic legislation and open-door legislation. It also ensures that the anti-Japanese cultural heritage legislation is "small, tenable, and true." It works”.
Strengthen the implementation of the law and make good use of red resources. "The affairs of the world are not difficult to legislate, but difficult to implement." The vitality of law lies in its implementation. The formulation and improvement of red culture protection legislation must clarify the responsibilities of governments at all levels and relevant departments. On the premise of ensuring funding, departments responsible for red resource sorting and identification, protection and management, display and publicity, scientific research, literary and artistic creation, tourism development, cultural and creative research and development and other departments should cooperate and coordinate with each other to form an orderly division of labor, so that laws, regulations, and regulations can be implemented in Effectiveness in practice. In accordance with relevant provisions of the legislation such as relevant responsible persons, protection duties and obligations, rewards and punishments, and legal responsibilities, strengthen judicial work on red culture, try various cases involving red cultural resources in accordance with the law, and severely punish crimes of theft, illegal excavation, damage, reselling, and smuggling of revolutionary cultural relics , severely punish crimes of occupying, destroying, and defacing revolutionary sites and memorial facilities, and investigate and investigate the civil and criminal liabilities of those who infringe, distort, and vilify heroes and martyrs in accordance with the law. Use vivid cases to increase the intensity of legal interpretation and popularization, protect, manage and utilize red resources well, so that everyone can become the inheritance and guardian of the red gene. At the same time, social forces are guided and mobilized to participate in the protection and supervision of red culture, so that the effective practice of legal implementation can escort the protection of red culture in Heilongjiang.
Source: "Rule of Law" magazine
Author: Deng Qi Han Jianyong
