首页英语阅读阅读排行网站地图

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:
and verification.

  Article 57 Cultural relics stores and auction enterprises shall, in accordance with the relevant regulations of the State, keep records of the cultural relics they purchase and sell or auction and submit the records to the administrative department for cultural relics that originally examined and verified the relics for the record.

  Where the client or buyer requests to keep his identity secret when auctioning cultural relics, the administrative department for cultural relics shall do so, except where otherwise provided for in laws and administrative rules and regulations.

  Article 58 When the administrative department for cultural relics examines and verifies the cultural relics that are to be put up for auction, it may designate an institution for the collection of State-owned cultural relics to enjoy the priority in purchasing the valuable ones among them. The purchasing prices may, through consultation, be determined between the representatives of the institution and the trustor of the cultural relics.

  Article 59 Banks, smelteries, paper mills and units for the recovery of old and waste materials shall be responsible, jointly with the local administrative department for cultural relics, for sorting out cultural relics from among gold and silver articles and waste materials. The cultural relics thus sorted out, except for coins and other kinds of currency of past ages which are needed for research by banks and which may be kept by them, shall be turned over to the local administrative department for cultural relics. Reasonable compensation shall be paid for the sorted out cultural relics that are turned over.

  Chapter VI

  Taking or Bringing Cultural Relics out of or into China

  Article 60 No state-owned cultural relics, valuable cultural relics among the ones not owned by the State or other cultural relics that are prohibited from being taken out of China according to State regulations may be taken out of the country, except the ones to be taken out of the country for exhibition in accordance with the provisions of this Law or for special needs upon approval by the State Council.

  Article 61 Cultural relics to be taken out of the country shall be subject to examination and verification by the examination and verification authority for the entry and exit of cultural relics designated by the administrative department for cultural relics under the State Council. For the cultural relics that may be taken out of the country after examination and verification, the administrative department for cultural relics under the State Council shall issue an exit permit, and they shall be shippe

d out of the country at the port designated by the said administrative department.

  Cultural relics to be transported, mailed or taken out of the country by any units or individuals shall be declared to the Customs; and the Customs shall let them leave the country on the strength of their exit permit.

  Article 62 Cultural relics to be taken out of the country for exhibition shall be subject to approval by the administrative department for cultural relics under the State Council; and if the number of Grade One cultural relics exceeds the quota fixed by the State Council, the matter shall be subject to approval by the State Council.

  The only existing or fragile relics among the Grade One cultural relics are prohibited from being taken out of the country for exhibition.

  Cultural relics to be taken out of the country for exhibition shall be examined, verified and registered by the examination and verification authority for entry and exit of cultural relics. The Customs shall let them leave the country on the strength of the approval document issued by the administrative department for cultural relics under the State Council or by the State Council. The entry of the cultural relics into the country that have been taken out for exhibition shall be examined, verified and inspected by the original examination and verification authority for the entry and exit of cultural relics.

  Article 63 Temporary entry of cultural relics into the country shall be declared to the Customs, and shall be subject to examination and verification by the examination and verification authority for the entry and exit of cultural relics and be registered with it.

  Before leaving the country, the cultural relics that have entered the country temporarily shall be examined, verified and inspected by the examination and verification authority for the entry and exit of cultural relics that originally examined, verified and registered them; and if all is in order, the administrative department for cultural relics under the State Council shall issue an exit permit for these cultural relics and the Customs shall let them leave the country on the strength of the permit.

  Chapter VII

  Legal Liabilities

  Article 64 Anyone who, in violation of the provisions of this Law, commits one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility according to law:

  (1) illicitly excavating sites of ancient culture and ancient tombs;

  (2) intentionally or negligently damaging or destroying valuable cultural relics under State protection;

  (3) selling without authorization or privately giving the cultural relics in the collection of State-owned cultural institutions to a unit not owned by the State or an individual;

  (4) selling or giving, without authorization, to foreigners valuable cultural relics that the State prohibits from being taken out of the country;

  (5) seeking profits by reselling the cultural relics that are prohibited by the State from being dealt in;

  (6) smuggling cultural relics;

  (7) robbing, plundering or privately dividing State-owned cultural relics or illicitly taking them into his possession; or

  (8) other acts hindering the control over cultural relics and that shall be investigated for criminal responsibility.

  Article 65 Anyone who, in violation of the provisions of this Law, causes the missing of or damage to cultural relics shall bear civil responsibility according to law.

  Where the violation of the provisions of this Law constitutes an act against security administration, the public security organ shall impose a security administration punishment according to law.

  Where the violation of the provisions of this Law constitutes an act of smuggling, but is not serious enough to constitute a crime, the Customs shall impose a punishm

ent in accordance with the provisions of the relevant laws and administrative rules and regulations.

  Article 66 Any unit that commits one of the following acts, which is not serious enough to constitute a crime, shall be ordered by the competent administrative department for cultural relics under the people's government at or above the county level to put it right ; if serious consequences are caused, it shall be fined not less than RMB 50,000 yuan but not more than 500,000 yuan; and if the circumstances are serious, the authority that originally issued the qualification certificate shall revoke the certificate:

  (1) without authorization, conducting construction project or such operations as blasting, drilling and digging within the area of protection for a historical and cultural site;

  (2) conducting construction project in an area for the control of construction within a site protected for its historical and cultural value; the design for which is not submitted to the administrative department for cultural relics for consent or to the urban and rural construction planning department for approval, and which deforms the historical features of the site protected for its historical and cultural value;

  (3) removing or dismantling irremovable cultural relics without authorization;

  (4) repairing irremovable cultural relics without authorization and obviously changing their original state;

  (5) without authorization, rebuilding on the original site irremovable cultural relics that are totally damaged and thus destroying the cultural relics; or

  (6) in the case of a construction unit without qualification certificate for projects designed to protect cultural relics, repairing, removing or reconstructing cultural relics.

  Anyone who scrawls or smears on cultural relics or does damage to them not seriously, or to the signs of the sites, which are protected for their historical and cultural value, put up in accordance with the provisions of the first paragraph of Article 15 of this Law shall be given disciplinary warning by the public security organ or by the unit where the cultural relics are located, and may, in addition, be imposed a fine.

  Article 67 Where a unit puts up, within the area of protection for a site protected for its historical and cultural value or the area for the control of construction, facilities that pollute the site and its environment, or fails to bring under control within the specified time limit the existing facilities that pollute the site and its environment, it shall be imposed a punishment by the administrative department for environmental protection in accordance with the provisions of the relevant laws and administrative rules and regulations.

  Article 68 Any unit or individual that commits one of the following acts shall be ordered by the competent administrative department for cultural relics under the people's government at or above the county level to put it right and its/his unlawful gains derived therefrom shall be confiscated; if the amount of such unlawful gains

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/