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“文物”概念关系到《文物保护法》文本内在的逻辑性和适用性,同时还牵涉到其他相关法律、法规和政策文件的操作性。“文物”概念的研究,成为《文物保护法》研究的重要前提和基础。本文重点对日常语境与我国现有法律与政策层面的“文物”概念作了具体分析,同时还从法律文本的角度对“文物”及“文化遗产”概念进行辨析,认为“文物”一词具有深厚的法律渊源,符合我国现有法律规范,被国内外所接受,为相关法律所承认,对该概念进行适度调整和内涵扩充,能够满足目前文物保护与管理的需要,建议继续在我国法律条文中出现,继续发挥作用。同时就《文物保护法》修订中增加文物概念的具体表述提出相关建议。
The concept of “cultural relics” has a bearing on the inherent logic and applicability of the “Cultural Relics Protection Act” texts, as well as the operability of other relevant laws, regulations and policy documents. “Cultural relics ” concept of research, a “cultural relics protection law,” an important prerequisite and foundation. This article focuses on the daily context and the existing legal and policy aspects of the “cultural relics” concept made a specific analysis, but also from the legal point of view of the “cultural relics” and “cultural heritage” concept to distinguish, It is believed that the term “cultural relics” has deep legal origin, is in conformity with the existing laws and regulations of our country, accepted by both domestic and foreign countries, recognized by relevant laws, and appropriately adjusted and connotatedly expanded the concept to meet the current protection and management of cultural relics The need to continue to appear in our legal provisions to continue to play its role. At the same time on the “Heritage Conservation Law” to amend the concept of adding a specific expression of the relevant recommendations.