城市古建筑是现代城市发展不可或缺的重要资源和文化象征。我国正处于城市化的关键时期，面临着城市建设发展和城市古建筑保护的二元难题。通过梳理我国城市古建筑保护的发展历史和实践经验，剖析我国城市化进程中古建筑保护存在的问题，借鉴英国和法国等域外制度经验，提出应当通过提高保护意识、完善相关立法、建立合理的古建筑产权制度、实现古建筑保护与城市规划相配套、发挥专业咨询机构等非政府组织的作用、加强执法力度等，建立适合中国城市发展转型期的城市古建筑保护法律制度。%The ancient buildings in the city are undeniable important resources and cultural relics of the modern city.China is now at the critical moment of urbanization and has encountered a dual problem of the de-velopment of urban construction and the protection of the ancient buildings.Based on a description of the devel-opment history of protecting the ancient buildings in the city and practice experience,the analysis of the prob-lems in protecting these buildings in the city in China and the systems and experiences applied by Britain and France,the present paper puts forward a number of suggestions to enhance people’s awareness of protection, maturate related legislation,establish rational property right of the ancient buildings,realize the dual goal of pro-tecting the ancient buildings and constructing the new ones,bring the role of the non-government organization such as expert inquiry department into full play,and enhance the administration by law,so as to establish appro-priate legal system suitable to China to protect the ancient buildings in the city during the transiting period in China.
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