Abstract：Public interest litigation for cultural heritage protection is a concrete manifestation of the Chinese-style modernization of the rule of law in the practice of public interest litigation systems, and an institutional innovation with Chinese characteristics in the construction of a socialist cultural powerhouse. China’s cultural heritage protection system faces issues such as the lack of public participation rights in cultural heritage preservation, inefficiencies in traditional judicial remedies, and the inability of environmental public interest litigation to comprehensively safeguard intangible cultural heritage, all of which necessitate institutional optimization. China’s cultural heritage legislation has undergone a paradigm shift from special property law to laws safeguarding cultural human rights, while the theoretical foundation of cultural heritage protection has transitioned from property rights to cultural human rights. The public welfare nature inherent in cultural heritage protection aligns with the public interest litigation system designed to protect societal public interests. Applying public interest litigation to cultural heritage protection can address the shortcomings of traditional litigation systems in this domain. Building on China’s existing institutional framework and appropriately drawing on international best practices, it should clearly define cultural heritage rights in law, grant citizens the standing to initiate civil public interest litigation, clarify the application hierarchy between civil and administrative public interest litigation, and prioritize administrative public interest litigation. This approach will achieve optimal outcomes in cultural heritage protection and fully realize the goal of legalizing public interest litigation.
王素芬, 郭雨茁. 文化遗产保护公益诉讼的理论逻辑与实践进路[J]. 《深圳大学学报》（人文社科版）, 2025, 42(2): 56-67.
WANG Su-fen, GUO Yu-zhuo. Theoretical Logic and Practical Approach of Public Interest Litigation for Cultural Heritage Protection. , 2025, 42(2): 56-67.
2025, Vol. 42 
粤公网安备44030502007936号