国务院关于加强和改善文物工作的通知

国发（1997）13号（March 30， 1997）
颁布日期：19970330 　实施日期：19970330 　颁布单位：国务院

Ours is a country with a long history， splendid culture and ancient civilization and has an extremely rich historical and cultural heritage. It is our unshirkable responsibility and obligation to protect and make good use of the rare and precious cultural relics of the motherland. At present， under the conditions of developing the socialist market economy， the work related to cultural relics faces many new situations and new problems， among them the more outstanding ones are as follows： there has been an increase in law-breaking cases by legal entities causing losses of cultural relics； repeated occurences of such criminal activities as pirate excavations of ancient burial sites， robbery and pilferage from collections of cultural relics in museums and art galleries and smuggling of cultural relics and illegal transactions of cultural relics despite prohibitions； no due importance and support have been given to the work of protection of cultural relics in a number of localities which has adversely affected the normal development of the undertakings of cultural relics. Therefore， the spirit of the Sixth Plenary Session of the Fourteenth Central Committee of the Communist Party of China must be taken as the guidance， the policy of “putting protection and rescue first ”must continue to be adhered to， the principle of “effective protection， rational utilization and enhanced control” shall be implemented， the relations between the protection of cultural relics and economic construction and the relations between social benefits and economic benefits in the development of the undertakings of cultural relics should be handled correctly， and the structure for the protection of cultural relics commensurate with the socialist market economic system should be built. The related questions are hereby notified as follows：

I. Building the Structure for the Protection of Cultural Relics Commensurate with the Socialist Market Economic System

Efforts should be made to the building of the structure for the protection of cultural relics commensurate with there quirements of the socialist market economic system， observing the inherent laws of the work related to cultural relics， and putting state protection first and mobilizing the whole society to participate. All localities and departments concerned should integrate the protection of cultural relics into local socio-economic development plans， urban and rural construction plans， financial budgets， structural reform and the leadership responsibility system at all levels. There should be an increase year by year in expenditures for the protection of cultural relics in the financial budgets and in the meantime corresponding policy incentives should be worked out to guide and extensively draw the departments concerned， enterprises and institutions as well as individuals into undertakings for the protection of cultural relics.

The department of administration of cultural relics of the State should step up the macro control over the work related to cultural relics throughout the country， work out a sound overall plan for the development of the undertakings of cultural relics nationwide， supplement and perfect the existing laws and regulations in the light of the work requirements and build step by step a sound legal system for the protection of cultural relics in China. People's Governments at all levels must perfect the rules for the administration of the protection of cultural relics in areas under their respective jurisdiction and build up the strength of the departments of administration of cultural relics. The functional departments concerned should further clearly define their respective responsibilities， coordinate with one another and jointly do a good job of the protection of cultural relics under the unified leadership of the government.

The masses should be motivated and organized to participate in the work of the protection of cultural relics and mass organizations for the protection of cultural relics set up in accordance with actual requirements and responsibilities and rights should be clearly defined so as to effect a change in the situation under which many cultural relics have been in an actual state of no protection.

II. Correct Handling of Relations between the Protection of Cultural Relics and Economic Construction as well as the Practical Interests of the Masses and Earnestly Doing a Good Job in the Rescue and Protection of Cultural Relics

Local People's Governments at all levels and the departments concerned should， in accordance with the principle of being conducive to both the protection of cultural relics， economic construction and the improvement in the living standards of the people， satisfactorily handle a number of local contradictions between the protection of cultural relics and economic construction as well as the practical interests of the masses and integrate the protection of an client cultural sites especially the large sites into local urban and real construction plans and land utilization plans； full account should be taken of the practical interests of the masses of the localities wherein the sites are located， measures are taken to adjust the industrial structures and change the uses of the land and efforts are exerted to support the industries which are both instrumental to the protection of the sites and to the improvement in the living standards of the local masses so as to fundamentally change the passive situation in the protection of ancient cultural sites； burden caused by the protection of ancient sites to the production and life of the local masses should be reduced to the extent possible and compensation should be made in suitable ways when necessary.

Archaeological excavations should adhere to the principle of putting coordination with capital construction first and in particular coordinate with large-size capital construction projects in doing a good job in archaeological explorations， investigations and excavations. Full consideration has to be given to the requirements for protection in archaeological excavations for purposes of scientific research， unified control should be stepped up with strict rules for examination and approval. At present， no active excavations of large-size emperors' tombs shall be carried out as there are lack of the required conditions for the protection of cultural relics in science， technology and other means. In the future， record filing of capital construction projects within the areas of protection units of cultural relics and ancient sites of cultural relics already registered after general survey for protection and in controlled construction belts has to seek the views of the departments of administration of cultural relics which shall take part in the examination and approval of the proposals of design for the protection of cultural relics such as site selection of the construction projects； expenditures for the protection of cultural relics， archaeological investigations， explorations and excavations should be included in the investment budget of construction projects. The required expenses for the explorations and excavations of underground cultural relics due to transfer of land use rights and land development shall be borne by the investors， and the cultural relics remaining in the areas shall be owned by the State. Special-purpose rules and regulations for protection and control can be formulated separately in the light of requirements with respect to such gazetted major national protected units of cultural relics and provincial-level protected units of cultural relics as large-size ancient cultural sites， clusters of ancient tombs and burial places， ancient grottoes and monasteries， clusters of ancient architecture and contemporary and modern memorial structures.

Measures must be taken to step up rescue， maintenance and protection of important ancient sites of cultural relics and rare and precious collections of cultural relics in museums and art galleries on the verge of destruction. The maintenance and repair work of cultural relics must be done well in real earnest during the “Nineth Five-year Plan ”period with overall planning， concentration of funds， guarantee for major sites and efficiency. The control and lessening of damage to cultural relics by natural forces should be taken up as an important subject， a number of key projects should be chosen for joint tackling， and modern science and technology shall be fully utilized and traditional techniques tapped into for the protection of cultural relics.

Good protection of noted historical and cultural cities are the joint responsibilities of local People's Governments and the departments of cultural relics and urban construction planning. The departments of urban construction planning should fully play their part， strengthen urban planning management， rescue and protect a number of historical neighborhoods with traditional styles and step up the protection of ancient sites of cultural relics especially the landmark constructions and their surrounding areas in well-known cities in the urban construction of noted historical and cultural cities especially in the renewal and transformation and real estate development of the cities.

With respect to the question of resumption of religious activities in ancient architectures which were once sites of religious activities in history， provisions laid down in the relevant documents of the Central Committee of the Communist Party of China and the State Council must be observed. Such ancient architectures as temples， monasteries and churches presently managed by the departments of culture and cultural relics and other non-religious departments must not install boxes for charitable and pious deeds， collect alms and engage in religious activities， let alone superstitious activities.

III. Bringing into Full Play the Role of Cultural Relics in the Service of Building of Socialist Spiritual Civilization

The role of cultural relics in social education， historical reference and scientific research must be brought into full play under the prerequisite of effective protection and stepped-up management. Exploitation of cultural relics must be subordinated to and serve the requirements of the building of socialist spiritual civilization， persist in putting social benefits first and strive for the realization of unification of social benefits and economic benefits. Environment and conditions instrumental to putting social benefits first should be created for non-profit institutions and units of cultural relics and museums， necessary guarantee is given in funds and support provided in cultural and economic policies. Local People's Governments at all levels and in particular those People's Governments of the localities where there are concentration of cultural relics must guard against the practices of seeking pure economic interests to the damage of cultural relics while exploiting the cultural relics as a local advantage. Major projects of exploitation of cultural relics must go through adequate scientific authentication in advance and strict formalities of examination and approval to avoid destructive exploitation of cultural relics.

While organizing display， exhibitions and guided tour briefings， units of cultural relics and museums of all types and at all levels must persist in carrying forward the patriotic， socialist and revolutionary traditions， making full use of one's own advantages， and introducing displays and exhibitions of fine cultural relics， books on cultural relics and audiovisual products on cultural relics in a planned way and with focuses. Protection and utilization of contemporary and modern cultural relics and especially revolutionary cultural relics should be further stepped up and efforts are made to do a good job in the general survey， collection， protection， research and display of revolutionary cultural relics. A number of museums and memorial halls（sites） of revolution with great influence should be determined and necessary support in funds granted by the People's Governments at all levels to build them step by step into bases of patriotic education with complete infrastructure.

The departments of administration of cultural relics of the State and all provinces， autonomous regions and municipalities directly under the Central Government should respectively determine and build a number of major museums. For museums run by departments， enterprises， institutions or individuals outside the system of cultural relics， the departments of cultural relics should formulate corresponding rules and regulations and provide necessary guidance and supervision. Collection units of cultural relics should step up the collection of cultural relics especially rare and precious cultural relics， further enrich the collections and conduct adjustments and exchanges among the collection units. The higher departments of administration of cultural relics have the power to ship the rare and precious cultural relics collected by the collection units with no safety conditions to designated units for safekeeping. Information processing and compilation of report on archaeological excavations should be completed within three years upon completion of the excavation projects of the archaeological excavation units. The excavated cultural relics， with the exception of a few items which can be kept as specimens with the approval of the departments of administration of cultural relics of the provinces， autonomous regions and municipalities directly under the Central Government， must be handed over to designated museums on time. The departments of administration of cultural relics of the provinces， autonomous regions and municipalities directly under the Central Governemnt should compile catalogs of state-owned collections of regions under their respective jurisdictions as quickly as possible. On this basis， the department of administration of cultural relics of the State should compile general catalogs of the state owned collections of cultural relics nationwide.

Full use should be made of China's advantages in cultural relics to conduct exchanges and cooperation with the parties concerned abroad and win extensive donations and support from international organizations， governments and societies of friendly countries， overseas Chinese and compatriots of Hong Kong， Macau and Taiwan for the protection of cultural relics in this country. The rights and interests of the country must be safeguarded， safety of the cultural relic sensured， procedures for examination and approval strictly followed in carrying out cooperative and exchange activities in cultural relics with foreign countries under overall planning and unified control， and the funds raised should be used for the development of the cause of cultural relics in China.

IV. Enhancement and Improvement of Cultural Relics Market Control

Cultural relics in market circulation are special commodities. The departments concerned should coordinate with one another in further enhancing and improving cultural relics market control， stepping up regulation， control and supervision and ensuring the healthy development of the cultural relics market. Operational units engaging in procurement and distribution of cultural units must go through formalities of strict examination and approval in accordance with the relevant provisions of the State and engage in operations within the approved scope. No unit or individual shall engage in business operations in cultural relics without approval. The departments of industry and commerce administration should， in conjunction with the departments of administration of cultural relics and public security， firmly ban illegal operational activities in cultural relics. The departments of administration of industry and commerce， cultural relics and domestic trade should exercise joint supervision and control over the approved second-hand goods markets. Customs of all localities should step up supervision and control over exit and entry cultural relics and guard against losses of rare and precious cultural relics.

Cultural relics auction markets must be standardized in accordance with law. The departments of administration of cultural relics of the State， provinces， autonomous regions and municipalities directly under the Central Government and the cultural relics appraisal organs under them should strengthen the work of examination and approval of appraisals and permits for cultural relics auction subject matters. Cultural relics the buying and selling of which are prohibited bylaws and regulations must not enter the auction markets as auction subject matters. Cultural relics circulating in society and having extraordinarily important historical， scientific and artistic values（including special varieties of cultural relics）should be directionally auctioned within a certain scope. The State has priority purchasing right over rare and precious cultural relics handed down from generations and owned by individuals which are put on sale by citizens.

V. Intensification of Efforts in Law Enforcement and Stern Crackdown on Criminal Activities Related to Cultural Relics

Efforts should be intensified in law enforcement while conducting extensive， in-depth and lasting publicity of laws and regulations related to the protection of cultural relics and exertions made to the proper handling of corporate law-breaking cases， and investigation of administrative and legal liabilities of the parties and responsible persons. The departments of public security， domestic trade， industry and commerce， customs and cultural relics should step up coordination to form a cohesive force and launch a stern crackdown on criminal activities involving pirate excavations， robberies， pilferage and smuggling of cultural relics. Public security organs should step up precautions in key collection units of cultural relics and areas of frequent occurences of cultural relics-related crimes and set up special-purpose public security outposts when necessary. The departments of cultural relics should establish sound responsibility system for the protection of cultural relics， cooperate with public security organs in crackdown on cultural relics-related criminal activities， and support and encourage caretakers of cultural relics in the fight against illegal criminal acts.

VI. Strengthening of the Buildup of the Ranks and Upgrading of the Management Level of Cultural Relics

To do the cultural relics-related work well， a workforce of cultural relics which is politically strong， professionally proficient and correct in style must be built up. All departments and units concerned must attache great importance to the ideological building of the workforce， educate and require numerous cadres to adhere to correct political orientation， conscientiously study Marxism-Leninism， Mao Zedong Thought and especially Deng Xiaoping's theory of building socialism with Chinese characteristics， adopt the idea of serving the people whole-heartedly and noble professional ethics and consciously abide by discipline and law. In the meantime， numerous cadres should be organized to study hard and master relevant policies， laws and regulations and professional knowledge and constantly raise professional levels.

Training of technical personnel of revenant specialities should be further stepped up by adopting the ways of “combination of the museum with the school” and master-apprentice system， and earnestly resolve the question of shortage of qualified personnel in the protection techniques of cultural relics， appraisal of cultural relics， repair and restoration of cultural relics and maintenance of ancient architecture. Step up the sorting out and tapping of traditional techniques for the protection of cultural relics and lay stress on the role of veteran specialists and senior technicians in the circles of cultural relics and museums. Technical exchanges with foreign countries should be promoted in a planned way and best young and middle-aged scientific and technical personnel should be selected to study advanced science and technology for the protection of cultural relics abroad. In the meantime， lay stress on the training of multi-talented personnel with concurrent mastery of knowledge of administration， operational management and modern science and technology， and increase step by step the percentage of specialised personnel in departments of cultural relics. Training of active-duty administrators of cultural relics should be stepped up in various ways to promote scientific and standardized management.， operational management and modern science and technology， and increase step by step the percentage of specialised personnel in departments of cultural relics. Training of active-duty administrators of cultural relics should be stepped up in various ways to promote scientific and standardized management.