CIRCULAR OF THE STATE COUNCIL CONCERNING THE STRENGTHENING AND IMPROVEMENT OF THE WORK RELATED TO CULTURAL RELICS

(March 30, 1997)

    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
commesurate 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
Commesurate with the Socialist Market Economic System

    Efforts should be made to the building of the structure for the
protection of cultural relics commesurate with the requirements 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 Ernestly 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 ancient cultural sites especially the large sites into
local urban and rual 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 cultual
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 monastaries, clusters of ancient architecture
and comtemporary 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 musuems 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 fullty 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, monastaries 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 museumes 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 audio-
visual 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 relics ensured, 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 by laws 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 revelant 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 cirles 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 administra-
tion, 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.