关键词: 文化遗产, 公益诉讼, 民事诉讼, 文物保护法

Abstract: It is necessary to file a civil public interest lawsuit against acts that infringe on cultural heritage and seriously harm public interests.Although China already has the practice of civil public interest litigation of cultural heritage,in order to better protect Chinese cultural heritage,we should still institutionalize the civil public-interest litigation protection of cultural heritage through legislation,and set up corresponding procedures according to the characteristics of cultural heritage.Due to the large amount of cultural heritage,it is necessary not only to define the scope of litigation cases,but also to form a dispute resolution mechanism for public welfare damage outside litigation,so as to realize the integration of dispute resolution mechanisms inside and outside litigation and the diversion of cases.In view of the national characteristics of cultural heritage,it is necessary not only to expand the scope of prosecution subjects to provide channels for the public to participate in the protection of cultural heritage,but also to realize the exclusive jurisdiction of the place where the infringement results occur for the sake of realizing the fair trial of the case.

Key words: cultural heritage, public interest litigation, civil litigation, cultural relics protection law