The local regulations concerning the protection of cultural relics are even more numerous. Second, local regulations for a specific category of cultural relics, such as the Regulations of Sichuan Province on the Protection of World Heritage P.
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Their purpose is also to regulate the protection and management of cultural relics. The legal source of Chinese cultural relics protection legislation not only includes the internal legal system of the country but has also absorbed the beneficial experiences that have formed general international common sense in the field of cultural relics protection legislation. Among them, the most direct is the recognition and application of some international conventions for the protection of cultural relics. The international legal conventions concerning the protection of cultural relics are taken as the official legal source for the protection of cultural relics in China.
China joined the Convention in and became an important state party. According to different statutory authorities, this legislation serves as the regulation and legal effect in different hierarchies of cultural relics protection. As far as classification is concerned, its systematization and structuring are quite complete. This legislation can provide legal support for the protection of cultural relics in form.
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However, the concrete effect of its implementation depends on whether the setting of specific legislative content is in line with the reality of Chinese society. Its main contents include the following aspects: First, the scope of protection of immovable cultural relics is clearly defined; Second, the ownership of cultural relics is clearly defined; Third, the administrative institution for the protection of cultural relics is established; Fourth, the institution of cultural relics protection units and the protection institution of Historical and Cultural Landmark Cities are improved and completed.
The specific contents of the amendment include: First, an expanded scope of the protection of immovable cultural relics. Whether or not there is a title of the Cultural relic protection units, all immovable cultural relics are incorporated into the scope of protection; Second, the grant of more administrative powers to the administrative authority for cultural relics protection, such as the power of administrative punishment.
The amendments to the protection of cultural relics mainly focused on the following aspects: First, by amending Paragraph 2 of Article 20, the demand for the protection of the original site was enhanced. If it has not been approved by the corresponding cultural relics administrative department, construction must not be started.
Second, by amending Paragraph 2 of Article 40, the restrictions on the borrowing of Grade 1 cultural relics collected in a museum are reduced. This no longer requires approval. Instead, the borrowing only needs to be filed with the cultural relics administrative department of the State Council. The purpose of this amendment is to further enhance the vibrancy of the cultural relics shops. The appearance of this provision marks the development of a new, healthy cultural relics sales management system. If the amount of illegal operation is less than 50, yuan, it shall be fined not less than yuan but not more than 50, yuan.
The emergence of this provision is based on the development status of the cultural relics market. The setting of the upper limit of the business value at 50, yuan has not been sufficient to deal with this issue, and a new ceiling has to be set to provide a legal basis. Of course, this trend is accompanied by regulations that are specific to the actual development of the society, but overall it is still a legal change in the law for the diversification of cultural relics protection and the rationalization of use of cultural relics. In fact, through continuous revision, China has gradually established a cultural relics protection system and framework that is closely coordinated between the central and local governments.
Among them, local governments have greater autonomy, cultural relics have become more convenient, and the cultural relics market has become more standardized. As stated in Article 51 of the Property Law P. There are some provisions in the Administrative Licensing Law P. Table 1 can reflect the process of Chinese cultural relics protection legislation more intuitively.
The content of the above-mentioned national laws on the protection of cultural relics at the basic law level aims to define the basic scope of cultural relics.
Table 1. Chinese cultural relics protection legislation process. Specifically, the legislation to implement the protection of cultural relics needs the coordination of the central government and the local government. Local-level cultural relics administrative departments are led by local governments, and the cultural relics protection department, urban planning department, and environmental protection department undertake concrete cultural relics protection work.
These departments all have the power to formulate detailed rules that apply to the protection of different objects in different specific situations. Because the rules are complicated, we do not enumerate them one by one. Moreover, the legislative content of cultural relics protection appears not only in the special basic law but also in the law governing other fields, providing a certain degree of convenience for the concrete implementation of cultural relics protection.
In order to further analyse whether the current status of cultural relics protection legislation needs to be changed, the primary task is to have a clear understanding of the legislative model for cultural relics protection. The correct understanding comes from the grasp of the premise, a summary of any possible relevant experience, as well as an objective analysis and evaluation of itself. Moreover, the rule of law is a demanding thing to transplant because it is multi-faceted and it can be conceived in various ways Husa, Therefore, the model for the protection of cultural relics in different regions must first be included in the scope of the study.
We can put the legislative model into the category of legislative technology. As an overview of the current situation of cultural relics protection legislation in major countries in the world, the legislative model for cultural relics protection mainly includes three types: the separate legislative model, the comprehensive legislative model, and the unified legislative model. The separate legislative model refers to special legislation that is based on the elements of a single cultural relic or on the protection of a particular measure by the cultural relics.
Under this mode of legislation, the scope of application of the separate laws is different, but they have the same legal effect.
Judging from the historical development of cultural relics protection legislation, in the early days of cultural relics protection legislation, most countries generally adopted separate legislative models and focused their protection on immovable cultural relics, such as historic buildings. Kong, Due to the existence of historical alternatives, overlaps, and conflicts between different single-line laws, it has been difficult to implement them, and many countries are gradually becoming aware of the flaws in this legislative model.
"cultural relics preservation" in Chinese
Today, in terms of cultural relics protection legislation, many countries have turned to two other legislative models. However, a few countries with a tradition of case law, such as the United Kingdom and the United States, have yet to change their legislative model and still insist on separate legislative models. They use a comprehensive legislative model, that is, a combination of the basic law and the single-line law approach to the legislative model. The main feature of the comprehensive legislative model is to first formulate a basic law to regulate different types of issues concerning the protection of cultural relics in principle.
Chen, 65, is one of the cultural relics repairers in the city of Qufu, the birthplace of Confucius in east China's Shandong province.
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Confucius, who lived between BC and BC, was an educator and philosopher. He founded the school of Confucianism that has deeply influenced later Chinese generations. He has worked in a cultural relics repair team for over 35 years.
The sun rises on the same tidy yard and shines onto the three roofs of the 1,year-old Kuiwen Hall, a major building which used to be a library in the Confucius Temple. In , the most onerous task fell on the team's shoulder to fix the structural problems of the hall. This was the first large-scale restoration of the Kuiwen Hall since the Ming Dynasty During the restoration, most of the wooden components, especially those of the roof ridges, were repaired or replaced.
As a repairer, I'm responsible for preserving the heritage," Chen said, adding he worked nine hours a day for two years to complete his part of the work. Regular checks and restoration of the ancient wooden buildings are conducted twice a year by Chen's team to deal with problems such as the humidity-caused erosion.
Often, Chen and his colleagues have to go through dozens of historical books and materials before the restoration work starts. In the repair team's workshop, a stone's throw away from the Confucius Temple, a dozen experienced relic repairers are busy measuring, sawing and sanding, with woodworking tools and wood boards scattered everywhere. Join My List. Log In. Forgot account? Not Now. Community See All. About See All. Page Transparency See More.
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