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中华人民共和国文物保护法(修订) Law of the Peoples Republic of China on Protection of Cultural Relics

2009-03-24 法律英语 来源:互联网 作者:
ke such funds into their own possession or misappropriate them.

  Article 11 Cultural relics are unrenewable cultural resources. The State devotes great efforts to the publicity and education in the need to protect cultural relics, enhances the awareness of the entire people of the need, and encourages scientific research in this field in order to raise the scientific and technological level for the protection of the cultural relics.

  Article 12 The State gives moral encouragement or material rewards to units and individuals for any of the following deeds:

  (1) conscientiously implementing laws and regulations on the protection of cultural relics and making remarkable achievements in protecting cultural relics;

  (2) resolutely fighting against criminal acts, in the interest of protecting cultural relics;

  (3) donating important cultural relics in one's own collection to the State or making donations for the undertaking of protection of cultural relics;

  (4) immediately reporting or delivering to the authority when discovering cultural relics, which facilitates their protection;

  (5) making major contributions to the work or archaeological excavations;

  (6) making important inventions and innovations in the science and techniques for the protection of cultural relics, or other important contributions in this respect;

  (7) rendering meritorious service in rescuing cultural relics that are in danger of being destroyed; and

  (8) having been engaged in the work concerning cultural relics over long years and having made outstanding achievements in this field.


  Chapter II

  Immovable Cultural Relics

  Article 13 The administrative department for cultural relics under the State Council shall select sites from among the ones protected for their significant historical, artistic or scientific value at the provincial, city or county level and designate them as major sites to be protected for their historical and cultural value at the national level, or shall directly designate such major sites, and report them to the State Council for verific

ation and announcement.

  Sites to be protected for their historical and cultural value at the provincial level shall be verified and announced by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government, and be reported to the State Council for the record.

  Sites to be protected for their historical and cultural value at the city or county level shall be verified and announced respectively by the people's governments of cities divided into districts, of autonomous prefectures and of counties, and be reported to the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government for the record.

  Immovable cultural relics of sites to be protected for their historical and cultural value that have not yet been verified and announced as such shall be registered and announced by the administrative department for cultural relics under the people's government at the county level.

  Article 14 Cities with an unusual wealth of cultural relics of important historical value or high revolutionary memorial significance shall be verified and announced by the State Council as famous cities of historical and cultural value.

  Towns, neighborhoods or villages with an unusual wealth of cultural relics of important historical value or high revolutionary memorial significance shall be verified and announced by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government as famous neighborhood, villages or towns of historical and cultural value, and reported to the State Council for the record.

  Local people's governments at or above the county level in places where famous cities of historical and cultural value, or famous neighborhoods, villages or towns of historical and cultural value are located shall take charge of drawing up special plans for their protection and include such plans in their overall urban plans.

  Measures for the protection of famous cities, famous neighborhoods, villages and towns of historical and cultural value shall be formulated by the State Council.

  Article 15 People's governments of provinces, autonomous regions, and municipalities directly under the Central Government and of cities and counties shall respectively delimit the necessary area of protection, put up signs and notices, and establish records and files for the historical and cultural sites protected at the corresponding levels and shall, in the light of different circumstances, establish special organs or assign full-time persons to be responsible for control over these sites. The area of protected at the national level shall be reported by the administrative department for cultural relics under the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government to the administrative department for cultural relics under the State Council for the record.

  The administrative departments for cultural relics under the local people's governments at or above the county level shall, on the basis of the requirements for the protection of different cultural relics, formulate specific protective measures for the immovable cultural relics, formulate specific protective measures for the immovable cultural relics of the sites protected for their historical and cultural value and of the sites that have not yet been verified as such, and announce the measures for implementation.

  Article 16 When drawing up plans for urban and rural construction, the people's governments at various levels shall, on the basis of the requirements for the protection of cultural relics, see to it that protective measures for the historical and cultural sites protected at different levels within their own administrative areas are first formulated through consultation between the departments for urban and rur

al construction planning and the administrative departments for cultural relics and include such measures in their plans.

  Article 17 No construction of additional projects or such operations as blasting, drilling and digging may be conducted within the area of protection for a historical and cultural site. However, where under special circumstances it is necessary to conduct construction of additional projects or such operations as blasting, drilling and digging within the area of protection for such a site, its safety shall be guaranteed, and the matter shall be subject to approval by he people's government which originally verified and announced the site and which, before giving approval, shall ask consent of the administrative department for cultural relics under the people's government at the next higher level; and where construction of additional projects or such operations as blasting, drilling and digging are to be conducted within the area of protection for a major historical and cultural site protected at the national level, the matter shall be subject to approval by the people's government of the relevant province, autonomous region, or municipality directly under the Central Government, which, before giving approval, shall ask consent of the administrative department for cultural relics under the State Council.

  Article 18 On the basis of the actual needs for the protection of cultural relics and with the approval of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government, a certain area for control of construction may be delimited around a site protected for its historical and cultural value, and such an area shall be announced.

  No construction of a project conducted in an area for control of construction may deform the historical features of the site protected for its historical and cultural value; and the design for the project shall, in correspondence with the protection level of the site protected for its historical and cultural value, be subject to consent by the appropriate administrative department for cultural relics before it is submitted to the department for urban and rural construction planning for approval.

  Article 19 No facilities that pollute the sites protected for their historical and cultural value or their environment may be put up within the area of protection for these sites or the area for control of construction, and no activities that may adversely affect the safety and environment of these sites may be conducted. Where there are already facilities that pollute the sites and their environment, they shall be brought under control within a specified time limit.

  Article 20 While choosing a place for a construction project, the construction unit shall try its best to get around the site of immovable cultural relics; where it is impossible to do so under special circumstances, it shall do everything it can to protect the original site protected for its historical and cultural value.

  Where the original site is to be protected, the construction unit shall first work out protective measures and, in correspondence with the level of protection for the site, submit the measures to the appropriate administrative department for cultural relics for approval, and include the measures in its feasibility study report or in the design in which the task of protection is specified.

  Where it is impossible to protect the original site or the site needs to be moved to another place or dismantled, the matter shall be reported to the people's government of the relevant province, auton

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