Cultural Relics Protection Law Amended after 20 Years: What Conflicts Need Urgent Regulation?(AI Translation)
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文｜财新周刊 葛杏航
By Caixin Weekly's Ge Xinhang
5月2日深夜，作为全国重点文物保护单位的河南大学大礼堂发生火灾。这座落成已有90年的中西合璧式宫殿建筑，屋顶在熊熊火焰中焚毁殆尽，引人扼腕叹息。5月5日，国务院安全生产委员会决定，对该起火灾事故查处实行挂牌督办，并派出督办组赴当地督促指导河南省调查组工作，要求科学严谨尽快查明事故原因，依法依规严肃追责问责。
Late at night on May 2, a fire broke out at the auditorium of Henan University, a nationally protected historical site. The blaze engulfed the roof of this 90-year-old palace-style building, which combines both Western and Chinese architectural elements, leaving it almost completely destroyed. On May 5, the State Council’s Work Safety Committee decided to supervise the investigation into the fire and dispatched a team to the site to assist and guide Henan Province’s investigation team. The committee emphasized the need for a thorough and scientific investigation to quickly determine the cause of the fire and called for strict accountability in accordance with the law and regulations.
近30年来，中国在文物保护与利用方面成就斐然，也问题多发。因经济利益、建设需要或监督管理失职造成文物毁坏甚至灭失的事件屡见不鲜。究其原因，文物保护意识淡薄，开发管理方式简单粗放，相关法律法规存在疏漏，是问题的关键所在。
Over the past 30 years, China has made remarkable achievements in the protection and utilization of cultural relics, but many issues persist. Incidents of cultural relics being damaged or even lost due to economic interests, construction needs, or failures in supervision and management have become commonplace. The root causes of these problems lie in a weak awareness of cultural relic protection, crude and simplistic development and management methods, and loopholes in relevant laws and regulations.
现行《文物保护法》于1982年11月颁布，此后进行过五次修正，2002年作过一次全面修订，距今已有20余年。2023年10月20日，《文物保护法（修订草案）》（下称“修订草案”）提请十四届全国人大常委会第六次会议初次审议。作为文物领域的基础法律，《文物保护法》从保护对象、政府职责、不可移动文物保护、考古发掘、馆藏文物保护、民间收藏文物管理、文物进出境管理、法律责任等方面作出了规定。修订草案在保持章节框架不变的情况下，将条文由80条增至92条。
The current "Cultural Relics Protection Law" was promulgated in November 1982 and has since undergone five amendments, with a comprehensive revision in 2002, making it over 20 years old. On October 20, 2023, the "Draft Amendment to the Cultural Relics Protection Law" (hereinafter referred to as the "Draft Amendment") was submitted for its first review at the sixth meeting of the Standing Committee of the 14th National People's Congress. As the fundamental law in the field of cultural relics, the "Cultural Relics Protection Law" stipulates regulations in several areas, including protection targets, government responsibilities, protection of immovable cultural relics, archaeological excavations, protection of museum collections, management of privately collected cultural relics, management of cultural relics' entry and exit, and legal responsibilities. While retaining the structure of the chapters, the Draft Amendment has increased the number of articles from 80 to 92.
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- A fire severely harmed Henan University's aged, historical auditorium; investigation and accountability efforts have been implemented.
- China amended its Cultural Relics Protection Law involving protection, government responsibility, penalties, and balancing preservation with development.
- Emphasis on strengthening immovable cultural relics protection, addressing loopholes in law, encouraging public involvement, and managing private cultural relics market.
Late at night on May 2, a fire broke out at Henan University’s auditorium, a 90-year-old palace-style building that is a nationally protected historical site. The fire destroyed almost the entire structure [para. 1]. In response, on May 5, the State Council’s Work Safety Committee decided to oversee the investigation, emphasizing a thorough and scientific approach to determine the cause and enforce strict accountability [para. 1].
Over the last 30 years, China has achieved significant progress in protecting cultural relics, yet issues like damage or loss due to economic interests and poor management persist [para. 2]. The existing "Cultural Relics Protection Law," enacted in 1982, has been amended multiple times, with the most recent comprehensive revision in 2002 [para. 3]. A new "Draft Amendment to the Cultural Relics Protection Law" was submitted for review in October 2023, aiming to address these issues by improving the protection and management systems, balancing protection and utilization, and enhancing penalties for illegal activities [para. 3].
Scholars highlight the key focus of the amendment as closing loopholes in the protection management system, strengthening government responsibility, and addressing the contentious issue of cultural relics utilization [para. 3]. Public feedback was solicited after the draft’s review, with 3,946 comments from 1,660 individuals and 57 letters, suggesting improvements such as refining the cultural relics definition and optimizing approval procedures [para. 4].
A major focus of the legal amendment is strengthening the protection of immovable cultural relics, given that over 40,000 have disappeared nationwide. The draft amendment includes significant new content on registering, identifying, and planning for immovable relics, and mandates government investigations before construction projects to prevent damage [para. 6].
The amendment also seeks to ensure government accountability during urban redevelopment and land development, mandating the identification and protection of cultural relics to prevent incidents like the 2009 demolition of Liang Sicheng and Lin Huiyin's residence [para. 7][para. 9]. The draft calls for clear documentation and management plans for immovable cultural relics [para. 9].
Article 27 of the revised draft stipulates that maintaining non-state-owned immovable cultural relics is the owner's duty, but the government may provide subsidies [para. 19][para. 20]. Scholars argue this regulation can unfairly increase economic burdens on owners without adequate compensation, potentially leading to resistance [para. 21][para. 22].
Public-private balance is also addressed, with new measures to safeguard public interests associated with cultural relics. For example, provisions requiring government approval for construction projects involving immovable relics to ensure their protection [para. 24][para. 25].
The draft also sets clear boundaries to curb excessive commercial development and prevent genuine artifacts from being replaced with replicas during urbanization, as seen in Datong, Shanxi Province [para. 32]. Article 30 prohibits the management of state-owned immovable cultural relics from being handed over to corporate entities to prevent excessive commercialization [para. 36][para. 39].
Private market liberalization remains contentious, with some arguing that opening the market can lead to the loss of cultural relics due to inadequate legal frameworks. The draft continues strict regulations on the private cultural relics market, limiting private transactions to legal entities like antique shops and auction houses [para. 42][para. 43].
The revised draft also includes enhanced penalties for illegal activities involving cultural relics, with fines raised significantly for actions like unauthorized construction or damage within protected ranges [para. 65][para. 66]. It allows prosecutorial organs to initiate public interest lawsuits for severe damage or risk to cultural relics, enhancing legal accountability [para. 72][para. 76].
Overall, the draft aims for a comprehensive overhaul to balance cultural relics protection with urban development, address private market concerns, and strengthen enforcement mechanisms [para. 73].
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