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- Title
历史建筑法律保护中的利益冲突与制度调和.
- Authors
任超; 杨雨晴
- Abstract
Historical architecture has a very special legal status under the perspective of normative system, and its social function of realizing group cultural rights is interrelated with the objective public interest. The characteristic texture of historical architecture itself has created the realistic dilemma of conflict between public and private interests, which has led to the superiority of public interest and limitation of private rights at result level, and evolved legal obligations of private subject at normative level. The institutional reconciliation of conflict between public and private interests is more reflected in how to avoid disproportionate damage to the core content of private interest under the framework of external approach. It is necessary to introduce the theory of economic rationality. This concept can be described as the appropriate proportion of cost of maintaining historical architecture to various benefits that may arise therefrom. The proportion between expenditure and income needs to be identified and judged in combination with objective conditions. In order to outline the real appearance of economic rationality to the greatest extent, it is also necessary to adopt typed thinking methods to comprehensively balance transferability, usability, retention period, financial status, subjective status, evaluation unit and other factors. The local legislation in Beijing has not effectively formed regulative supply for institutional reconciliation of resolving conflict between public and private interests. It is a more feasible way to fill the legal loophole in the above with the formulation of Administrative Measures for Protection and Utilization of Historical Architecture in Beijing.
- Subjects
BEIJING (China); PUBLIC interest; CULTURAL rights; SOCIAL skills; OBEDIENCE (Law); GROUP rights
- Publication
Journal of Beijing Institute of Civil Engineering & Architecture, 2023, Vol 39, Issue 4, p17
- ISSN
1004-6011
- Publication type
Article
- DOI
10.19740/j.2096-9872.2023.04.03