国务院关于加强和改善文物工作的通知 CIRCULAR OF THE STATE COUNCIL CONCERNING THE STRENGTHENING AND IMPROVEMENT OF THE

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 sh

ould 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 structure

s.

　　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

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