Abstract Cultural capital is the expression of cultural transmission for a country. Certainly, the maintenance of cultural capital is also the historical context of cultural transmission. In Taiwan, the core problem in maintaining private ancient remains is the conflict between the development of public ownership and the protection in 2000, the maintenance of historical construction was added as a new item. Therefore, the coding and protection of ancient building must infringe the right of private ownership. In fact, the protection of private property has constricted the promotion of cultural capital of historical construction is subjected to different regulations, city planning, and public policies in Taiwan. Moreover, Taiwan government does not integrate the execution of cultural capital of historical construction very well. As a result, this study aims to understand the policy of cultural capital protection and the context of legal system.This study then investigates the conflict between private ancient remains and the protection of civil property based on the constitution. The verdict of a justice court regarding private ancient remains is also analyzed. This work hopes to provide an integrated direction in modifying the law of cultural capital in accordance with theoretical points, the level of policy, legal system, and cultural administration.Finally, the authors expect that the findings in this study can contribute a valuable literature to protection of cultural capital.