Decision of the Standing Committee of the Shaanxi Provincial People’s Congress on Amending the Regulations on the Protection and Management of Cultural Relics in Shaanxi Province (1995)

1. The "cultural administrative department" mentioned in the original regulations is changed to the "cultural relics administrative department", and the "urban and rural planning department" is changed to the "construction planning administrative department". 2. Paragraph 1 of Article 4 is revised to read: "People's governments at all levels must strengthen the protection and management of cultural relics within their jurisdiction, and incorporate the protection of cultural relics into social and economic development plans, urban and rural construction plans, and the leadership responsibility systems of people's governments at all levels." 3. Add one article as Article 11: “The protection and utilization plan for ancient cultural sites and ancient mausoleum areas of national key cultural relics protection units shall be formulated by the local municipal (prefecture) people’s government under the guidance of the provincial cultural relics administrative department. It shall be implemented with the consent of the Provincial People's Government and approval by the national cultural relics administrative department." 4. Article 13 is changed to Article 12, and the third paragraph is changed to Paragraph 2, which is revised to: "It has not yet been included in the list of cultural relics at all levels. Immovable cultural relics in protected units shall be registered, announced, and protected by the county (city, district) cultural relics administrative department. "5. Article 19 is changed to Article 18, and a paragraph is added as the third paragraph: "Foreign groups conducting archaeological surveys or archaeological excavations in our province shall comply with the "Measures for the Administration of Foreign-related Work of the People's Republic of China and National Archeology". 6. Article 20 is changed to Article 19, and the first paragraph is revised to read: "An archaeological excavation site must be led by a person with the qualification of an individual team leader for archaeological excavation, and there must be two or more professional archaeologists. Excavation work should strictly abide by Field archaeological excavation procedures. When the excavation is completed or comes to an end, an excavation report shall be written within a time limit and the unearthed cultural relics shall be handed over to the unit designated by the provincial cultural relics administrative department for safekeeping and collection.

The excavation unit must retain the unearthed cultural relics as specimens. , must be approved by the provincial cultural relics administrative department. It is strictly prohibited for excavators to keep cultural relics personally."

Add a paragraph as a second paragraph: "All archaeological excavation materials are national archives and shall be properly kept by the excavation unit. No one shall possess the archaeological excavation data without permission. No unit or individual may publish undisclosed cultural relics and archaeological data without the consent of the cultural relics administrative department and the original excavation unit. "7. Article 21 is changed to Article 20. The first paragraph is revised to read: "For all large-scale capital construction projects and construction projects carried out in areas where cultural relics administrative departments have provided information to prove that cultural relics are buried, without the consent of the provincial cultural relics administrative department, the construction planning administrative department shall not issue construction projects Planning permit, the land administrative department shall not approve land acquisition. "Add a paragraph as the second paragraph and amend it to: "All archaeological exploration and archaeological excavation work carried out in conjunction with the construction project shall be organized and implemented by the provincial cultural relics administrative department. The necessary costs shall be borne by the construction unit." 8. Article 23 is changed to Article 22, and a paragraph is added as the third paragraph: "The restoration data of cultural relics collections must be included in the restoration of first-class cultural relics. Must be reported to the national cultural relics administrative department for approval." 9. Article 25 is changed to Article 24, and a paragraph is added as the third paragraph: "Copying of first-class cultural relics must be reviewed and reported to the provincial cultural relics administrative department. Approval by the national cultural relics administrative department; copying of cultural relics below Grade II must be reviewed and approved by the provincial cultural relics administrative department." 10. Article 27 and 28 were merged and changed to Article 26, and changed. Each paragraph is revised to read in sequence: "Cultural relics collected by citizens can be registered with units designated by the cultural relics administrative department and apply for consultation, identification, storage, restoration and other services. Cultural relics staff should keep the cultural relics registered by citizens confidential.

“Privately collected cultural relics may be purchased by units designated by the cultural relics administrative department, and no other unit or individual may engage in the business of purchasing cultural relics.

“Privately collected cultural relics that are voluntarily donated to the state shall be accepted by units designated by the cultural relics administrative department.

“Privately collected cultural relics are strictly prohibited from being resold for profit, and are strictly prohibited from being sold privately to foreign countries. people.

“If ancient coins, ancient metal products, ancient calligraphy and paintings, ancient books, etc. purchased by banks, smelters, paper mills, antique bookstores, and waste material recycling units are identified as cultural relics, they shall be handed over to the cultural relics administration in accordance with relevant regulations. Unit designated by the management department.

11. Add one article as Article 27: "The establishment of a market for cultural relics under supervision must be reviewed and approved by the provincial cultural relics administrative department and shall be supervised." "12. Article 31 is changed to Article 30, and is revised to read: "Cultural relics confiscated by the public security, judicial, customs, and industrial and commercial administrative departments in accordance with the law must be transferred to the unit designated by the provincial cultural relics administrative department within three months after the case is concluded. , and shall not be handled without authorization. 13. Add one article as Article 34: “If you operate cultural relics supervised items in an unapproved market, the cultural relics administrative department, in conjunction with the public security organs, will give you a warning, fine, and confiscate illegal gains and illegally operated cultural relics supervised items.” ” 14. Paragraph 1 of Article 35 is revised to read: “Without the consent of the cultural relics administrative department, any construction within the protection scope of a cultural relics protection unit, the construction control zone or the area where the data proves that cultural relics are buried shall be determined by the cultural relics administrative department. The collaborative construction planning administrative department ordered the work to be stopped, restored to the original status, and fined in accordance with relevant regulations. The person in charge of the unit and the person directly responsible shall be given administrative sanctions by the competent department. ”

The second item is modified to read: “Anyone who relocates or demolishes a cultural relics protection unit without the approval of the cultural relics administrative department, or repairs or changes the original state of the cultural relics without authorization, will not be ordered to restore the original state, and it is a national key cultural relics protection units or provincial-level cultural relics protection units, the provincial cultural relics administrative department shall impose a fine of not less than 100,000 yuan but not more than 300,000 yuan, and not less than 50,000 yuan but not more than 100,000 yuan respectively; immovable items belonging to county-level cultural relics protection units and registered and announced For cultural relics, the county (city, district) cultural relics administrative department shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan, and a fine of not less than 5,000 yuan but not more than 10,000 yuan respectively. ”

Add one item as the third item: “Anyone who conducts archaeological exploration without authorization from the provincial cultural relics administrative department shall be ordered to stop the exploration, his exploration income shall be confiscated, and he shall be fined 20% of the exploration income.” times the fine. If an archaeological exploration unit fails to detect, omit to report, or conceals and fails to report, causing damage to underground cultural relics, it will be fined, revoked of archaeological exploration license, or administrative sanctions depending on the circumstances. If a crime is constituted, criminal liability shall be pursued in accordance with the law. ”

The third item is changed to the fourth item, and is modified to read: “Any unit or individual who conducts archaeological excavations without the approval of the national cultural relics administrative department or without an archaeological excavation license shall Anyone who violates archaeological excavation regulations will be ordered to stop excavation, and the person in charge of the unit and the person directly responsible will be given administrative sanctions by the competent department. "

Add one item as the fifth item: "In violation of the provisions of Article 20 of these Regulations, without the consent of the provincial cultural relics administrative department, the construction and planning administrative department shall issue a construction project planning license, land If the administrative department approves land acquisition, the people's government at the same level will impose administrative sanctions on the person in charge of the unit. ”

Add one item as the sixth item: “If museums, libraries and other units sell or privately donate cultural relic collections, they shall be ordered to recover the cultural relics, confiscate the illegal gains or impose a fine, and the competent department shall give the unit The person in charge and those directly responsible shall be subject to administrative sanctions. "

Add one item as the seventh item: "If the cultural relics confiscated by the public security, customs, and industrial and commercial administrative departments in accordance with the law are not handed over in accordance with the regulations within the time limit, the people's government at the same level will order the handover within a time limit and give it to the unit. Administrative sanctions will be imposed on the person in charge. ”

Item 4 is changed to Item 8, which is revised to read: “Anyone who moves, dismantles or damages cultural relics protection signs without authorization shall be ordered to restore them to their original state and shall be fined not less than RMB 500 but not more than RMB 1,000.” ”

Item 5 is changed to Item 9, revised to read: “Anyone who uses cultural relics protection units and collects national cultural relics without performing their protection duties shall be ordered to make corrections within a time limit and be fined not less than 500 yuan but not more than 1,000 yuan.” . ”

Item 6 is changed to Item 10, and revised to read: “Whoever copies, rubs, or photographs cultural relics in violation of the provisions of these regulations shall have the copies, rubbings, photographs, and their illegal gains confiscated, and shall be fined two A fine of not less than 100 yuan but not more than 500 yuan is imposed. ”

Item 7 is changed to Item 11, revised to read: “Cultural relics staff who privately possess national cultural relics and archaeological materials, or publish unpublished photos of cultural relics and archaeological materials without approval, shall be deemed to have neglected their duties. Those who cause losses to cultural relics will be subject to administrative sanctions by the competent authorities. If a crime is constituted, criminal liability shall be pursued in accordance with the law. ”