Is there a compensation standard for the relocation of immovable cultural relics?

As a historical past, cultural relics are not creative. China attaches great importance to the protection of cultural relics, and has also promulgated the Law on the Protection of Cultural Relics to better protect cultural relics.

The Legal Basis of the Ancestors of Wei Dynasty as "Immovable Cultural Relics"

The so-called immovable cultural relics refer to the specific heritage or sites of our ancestors in history, culture, architecture, art, etc. China's Law on the Protection of Cultural Relics also defines immovable cultural relics, namely "immovable cultural relics such as ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings, murals, important historical sites in modern times and representative buildings". In this case, as ancient buildings in the Qing Dynasty, two Wei ancestral halls have certain historical value and conform to the definition of immovable cultural relics in the Cultural Relics Protection Law.

Similarly, as the revolutionary base area in eastern Fujian led by Ouyang, the two ancestral houses of the Wei family also have the commemorative significance of patriotic education. Item 2 of Chapter 1 of China's Cultural Relics Protection Law stipulates that "important modern historical sites, objects and representative buildings related to major historical events, revolutionary movements or famous people, which have important commemorative significance, educational significance or historical value" should be protected. At the same time, the above article also mentioned that Luoyuan County People's Government also listed two ancestral houses as key cultural relics in the county.

Legal regulation of construction projects within the scope of cultural relics protection

Because cultural relics are non-renewable cultural resources, and the construction behavior itself is extremely aggressive, China's "Cultural Relics Protection Law" has set many legal provisions on the construction behavior in cultural relics protection units.

The second paragraph of Article 18 of the Law on the Protection of Cultural Relics stipulates that "construction projects within the construction control zone of cultural relics protection units shall not destroy the historical features of cultural relics protection units". Twentieth the first three provisions "construction site selection, should try to avoid immovable cultural relics; If it is unavoidable due to special circumstances, the cultural relics protection unit shall, as far as possible, implement in-situ protection. In case of in-situ protection, the construction unit shall determine the protection measures in advance, report to the corresponding cultural relics administrative department for approval according to the level of cultural relics protection units, and incorporate the protection measures into the feasibility study report or design task book. If it is impossible to protect the original site and needs to be removed for protection or demolition, it shall be reported to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval; The relocation or removal of provincial cultural relics protection units shall be approved by the administrative department of cultural relics of the State Council. National key cultural relics protection units shall not be dismantled; If it is really necessary to move, it must be reported to the State Council for approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. "

As can be seen from the above provisions, in principle, engineering construction is prohibited within the scope of cultural relics protection unless there are special reasons. In this case, there are strict legal restrictions on the construction. First of all, we should try our best to protect the original site. If the site cannot be protected and needs to be moved or demolished, it shall be reported to the relevant government departments for approval. In order to protect the historical features of cultural relics protection units, these provisions are formulated in accordance with the law.

In connection with this case, Wei Zuwu, as an immovable cultural relic, has not been protected in front of the project construction. Among them, Zucuo 19 was forcibly demolished, and Zucuo 4 existed, but it has become a dangerous building, and the value of cultural relics has been irreversibly damaged, and the villagers in Xiatugang village have also suffered huge losses.

When the "immovable cultural relics" are demolished,

The word "demolition" is often associated with the words "government planning" and "development". When immovable cultural relics are demolished, when economic development collides with cultural relics protection, cultural relics should not become a stumbling block to economic development. This metaphor seems inappropriate, but what I want to say is that economic development does not have to be at the expense of cultural relics and the environment. It is understandable that the government is eager to develop the economy, but if the environment and cultural relics are sacrificed blindly, even the interests of the people, this economic development can only be temporary, which is also contrary to the strategy of sustainable economic development in China.

Looking back on this case, demolition is a sensitive event, and it is easy to intensify contradictions and trigger social unrest if handled carelessly. What's more, it will lead to mass incidents and increase social instability. As an immovable cultural relic, the historical value of Wei ancestral hall should be paid attention to by government departments, especially when it is demolished. Is it necessary to tear it down? If so, how should it be dismantled? What should be the compensation standard for demolition? How to plan the demolition of cultural relics? How to minimize the damage of demolition to cultural relics? If these problems cannot be solved, forced demolition will only bring temporary economic development at no cost.

Thinking of the climax of "real estate fever", I saw a joke on the Internet, that is, some developers threatened to write a letter to the Central Committee to "tear down the Forbidden City and build commercial housing". It was a joke, and now it seems ironic. It is necessary to develop local economy, but it is equally important to protect historical relics. Historical relics bear the cultural and spiritual sustenance. It should be said that cultural construction and economic development are equally necessary, and how to coordinate the relationship between them is particularly necessary. As for the future fate of Wei's ancestors, our legal advisory group will continue to pay attention. At the same time, we also hope to preserve the wealth left by our ancestors while developing the economy.