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中华人民共和国文物保护法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PROTECTION OF CULTURAL RELICS

2009-03-24 法律英语 来源:互联网 作者:
istration.

  Chapter VI Taking Cultural Relics out of China

  Article 27 Cultural relics to be exported or to be taken out of the country by individuals must be declared to the Customs in advance and examined by the department f

or cultural administration of a province, an autonomous region or a municipality directly under the Central Government designated by the state department for cultural administration before export certificates are granted. Cultural relics leaving the country must be shipped out at designated ports. Cultural relics which, after examination, are not permitted to leave the country may be requisitioned by the state through purchase.

  Article 28 It shall be prohibited to take out of the country any cultural relics of significant historical, artistic or scientific value, with the exception of those to be shipped abroad for exhibition with the approval of the State Council.

  Chapter VII Awards and Penalties

  Article 29 The state shall give appropriate moral encouragement or material awards to units or persons for any of the following deeds:

  (1) serious implementation of the policies, laws and regulations concerning cultural relics and remarkable achievements in protecting cultural relics;

  (2) resolute struggle against criminal acts, in the interest of protecting cultural relics;

  (3) donation of important cultural relics in one's own collection to the state;

  (4) timely communication of information on, or delivery of, the cultural relics discovered, which facilitates their protection;

  (5) important inventions and innovations in, or other major contributions to, the science and techniques for the protection of cultural relics;

  (6) meritorious service in rescuing cultural relics in danger of being destroyed; and

  (7) long-time service and outstanding achievements in the field of cultural relics.

  Article 30 Administrative sanctions shall be applied to those who have committed any of the following acts:

  (1) hiding cultural relics discovered underground, in inland waters, in territorial seas or in other places and failing to report and deliver them to the state, for which the persons involved shall be warned or fined by a public security department and the cultural relics illegally acquired by them shall be recovered;

  (2) buying or selling cultural relics without the approval of the departments for cultural administration, for which the persons involved shall be warned or fined by the departments for the administration of industry and commerce, and their illegal earnings and the cultural relics illegally handled by them may be confiscated; or

  (3) selling cultural relics in private collections to foreigners without permission, for which the persons involved shall be fined by the departments for the administration of industry and commerce, and the cultural relics in question and their legal earnings derived therefrom may be confiscated.

  Article 31 Persons who commit any of the following acts shall be investigated for criminal responsibility according to law:

  (1) misappropriating or stealing cultural relics of the state;

  (2) serious cases of smuggling valuable cultural relics out of the country or speculating in cultural relics;

  (3) willful damage of valuable cultural relics or places of cultural and historical interest under state protection; and

  (4) serious damage of or serious losses to valuable cultural relics caused by the dereliction of duty on the part of state personnel.

  Those who excavate sites of ancient culture or ancient tombs without permission are punishable for larceny.

  Those who sell valuable cultural relics in private collections to foreigners without permission are punishable for smuggling valuable cultural relics out of the country.

  Personnel working in the field of cultural relics who steal cultural relics placed under their care shall be punished severely according to law.

  Chapter VIII Supplementary Provisions

  Article 32 The state department for cultural administration shall, in accordance wi

th this Law, formulate rules for it simple mentation, which shall come into force after being submitted to and approved by the State Council.

  Measures governing the production of replicas, rubbings and photographs of cultural relics shall be formulated by the state department for cultural administration.

  Article 33 This Law shall come into force on the day of its promulgation. On that same day, the Provisional Regulations on the Protection and Control of Cultural Relics promulgated by the State Council in 1961 shall be invalidated. This Law shall prevail in case of conflict with other existing provisions for the protection and control of cultural relics

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