Public interest litigation protection policy of commemorative architectural cultural heritage: a case study from China

Abstract

Memorial architectural cultural heritage imbues a nation’s essence and vitality. The public interest litigation mechanism effectively shields against infringements on this heritage. Drawing upon the Interest Balance theory, this article employs quantitative statistical analysis and case studies to emphasize the crucial role of the public interest litigation protection mechanism in safeguarding memorial architectural cultural heritage. By examining public interest litigation cases involving the Great Wall’s historical and cultural heritage, this article discusses the interplay between China’s judicial policy preferences and public interest litigation in balancing social, national, economic, and government interests. This study broadens the scope of judicial protection measures for commemorative architectural cultural heritage. It aims to curb risky behaviors that might harm cultural relics, safeguarding the social public interests through public interest litigation.