CHINESE LAW AND GOVERNMENT

2016, VOL. 48, NO. 3, 179–183

http://dx.doi.org/10.1080/00094609.2016.1075346

INTRODUCTION

Introduction to the Cultural Heritage Issue

Jonathan S. Bell
Luskin School of Public Affairs, University of California–Los Angeles, Los Angeles, California

China’s cultural landscape has changed profoundly and rapidly since political and econ-
omic reforms were first adopted at the end of the 1970s. Redevelopment of historic city
centers and new development in the countryside that characterized this change have been
rampant and have resulted in the loss of significant historic resources across the country. In
decades prior, government-sanctioned destruction of cultural heritage sites and artifacts
throughout the Cultural Revolution resulted in irreparable harm to the cultural and
historical record. Since the reform era ushered in under Deng Xiaoping in 1978–79,
modern China has made great efforts to enshrine in law the inventorying, protection,
and management of its cultural heritage. The result is a wealth of national and local policy
related to the care and curation of the country’s cultural and historical wealth, from ancient
archaeological sites and sprawling imperial complexes to places of religious significance
and unparalleled museum collections.
In this issue, a selection of fourteen different government policy documents from the
People’s Government at the national and municipal levels presents the breadth of cultural
heritage rules and regulations. These policies and measures address not only the care and
management of cultural heritage itself but also crucial indirect aspects of heritage preser-
vation, such as the surrounding environment, professional training and qualifications, and
the role of the public. More than simply providing legal requirements for protection, this
body of sanctioned concepts and regulatory literature underpins the reestablishment of
Chinese identity and an expression of political, cultural, and technological prowess.

National law and regulations

The first national law on cultural heritage, the Law of the People’s Republic of China on
the Protection of Cultural Heritage1 (Cultural Heritage Law), enacted in 1982 and revised
in 2002, has been interpreted as part of a postreform strategy to reestablish the legitimacy
of the Chinese Communist Party “after dissension and trauma of the Cultural Revol-
ution.”2 In addition to creating a national body, the State Administration of Cultural
Heritage (SACH), within the Ministry of Culture to regulate the protection of cultural
heritage, the law includes provisions on the protection, ownership, and care of historical
and cultural heritage and establishes mechanisms for the designation of protected sites at
national, provincial, and local levels. In keeping with the reform period momentum
toward political and economic decentralization, the act encouraged regional and local
governments to establish their own organizations for heritage management, overseen
by the national entity.
As the law of the land related to cultural heritage, the Cultural Heritage Law provides
the inspiration and parameters for cultural heritage protection and management. However,
© 2016 Taylor & Francis
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additional policy and regulations are required to establish definitions and articulate
procedures for specific aspects of cultural heritage management.3 The first document
included in this issue, “Measures for the Administration of Cultural Heritage Conservation
Interventions,” enacted by the Ministry of Culture in 2003 shortly after the revision of the
Cultural Heritage Law in 2002, is one such response. The “Measures” provides definitions
for immovable cultural heritage interventions and project components, and outlines the
practical jurisdiction of SACH over such projects, as well as the legal entities sanctioned
to practice cultural heritage conservation and management. The principal types of cultural
heritage conservation interventions as defined within the “Measures” are: maintenance,
emergency stabilization, treatment, construction of protective facilities, and relocation.
Details of project requirements, such as design, implementation, monitoring, and reporting
are outlined and the roles of relevant responsible parties identified. The document also
underscores the need for postcompletion evaluation and testing, and correction of flaws.
The “Detailed Rules for Implementing the Cultural Heritage Protection Law of the
People’s Republic of China” was promulgated in 2005 amid rampant development and
expansion within China’s urban centers and growing international concern for the state
of cultural heritage environments and landscapes. In the same year, China hosted the
Fifteenth General Assembly and Scientific Symposium of the International Council on
Monuments and Sites (ICOMOS) in Xi’an, which resulted in the Xi’an Declaration on
the Setting of Heritage Structures, Sites and Areas.4 In turn, the “Detailed Rules” elaborates
the creation and enforcement of “construction control zones,” in which “no buildings …
may be constructed that are incompatible with the ambience, styles, and features of the
sites protected.” The document further sets forth clear procedures for the implementation
and enforcement of the Cultural Heritage Law across agencies at every level of government
for immovable and movable heritage. The jurisdiction of different cultural heritage entities
is also discussed and guidance included for heritage sites situated within two or more dif-
ferent jurisdictions, including outlining specific cases that require direct supervision by
SACH. Particular attention is paid to archaeological excavation and protection of archae-
ological sites in relation to construction, emphasizing that excavations must be completed
prior to starting or, in the case of archaeological heritage discovered during construction,
resuming construction work. “Detailed Rules” also addresses the care, ownership, storage,
and illegal export of cultural artifacts, as well as penalties for infractions of the law involv-
ing cultural heritage.
The question of qualifications for cultural heritage professionals and standardization of
skills and experience is the subject of ongoing international debate. The “Measures for the
Management of Qualifications for Cultural Heritage Conservation Project Engineering”
was released by SACH in 2014 to provide guidelines for Chinese cultural heritage pro-
fessional qualifications and ranking, as relates to immovable cultural heritage conservation.
The result is a classification of conservation projects into three tiers with associated
supervision by related levels of government, the identification of five specific categories
of heritage sites, namely, (1) ancient cultural sites and ancient tombs, (2) ancient architec-
tural structures, (3) cave temples and stone carvings, (4) important modern historical and
representative modern structures, and (5) murals and painted sculpture. Two categories of
professionals are established with distinct experience and responsibilities relevant to
cultural heritage conservation. The final section of the document defines unlawful actions
and relevant sanctions.
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Although many policies and regulations regarding cultural heritage management

integrate relevant provisions for punishment of careless or illegal activities, the “Provisional
Regulations on the Procedures for Cultural Heritage Administrative Penalties,”
promulgated in 2005 by the Ministry of Culture, focuses specifically on the administration
of penalties. The regulations identify the Cultural Heritage Administrative Department of
the State Council as the national body in charge of administrative penalty cases and sets
forth procedures and fines for various infractions, as well as the hierarchy of penalty
administration throughout the different levels of government.

World Heritage and public information

The 1972 UNESCO Convention Concerning the Protection of the World Cultural and
Natural Heritage established the World Heritage List and requirements for each country
to identify and protect its cultural and natural heritage through its integration in regional
planning and the establishment of relevant policy and resources toward that end. The
“Regulations on the Examination and Management of World Cultural Heritage
Application Projects,” released in 2011, sets forth the process for application and review
of World Heritage nominations, highlighting the necessary review and approval at each
level of government from local jurisdictions to SACH and the State Council for final
approval. The “Administrative Measures for the Protection of World Cultural Heritage,”
promulgated in 2006, articulates the responsibilities of management of World Heritage
Sites and charges provincial governments with the protection of World Heritage, with
the oversight of SACH. Perhaps most interesting in this document is the encouragement
of public involvement in the protection of World Heritage as volunteers and the require-
ment for provinces to establish programs that include training and coordination of volun-
teers. The “Measures for the Administration of China’s World Cultural Heritage
Monitoring and Inspections” was promulgated by the State Administration of Cultural
Heritage in 2006 to elaborate the requirements for monitoring and inspection of World
Heritage sites and assign responsibility for each of these activities.
Cultural heritage policy provides an informative lens on multiple aspects of governance
in China and increasing efforts to establish transparent government practices. Included
here is the “State Administration of Cultural Heritage Freedom of Information Annual
Work Report for 2013,” which highlights efforts at compliance with requirements for
freedom of information related to cultural heritage. In addition to reporting on the volume
of requests and responses over the year, the document presents future objectives to
integrate the use of social media and raise awareness about access to public information,
thus underscoring aspects of transparent governance currently promoted in China.

Policy at the local level—Beijing

The development and implementation of heritage policy in China are closely intertwined
with the government’s structural changes that facilitated the loss of large swaths of historic
urban neighborhoods in the twentieth century. Two phases of large-scale demolition and
redevelopment in Beijing, in particular, correlate to the transition to a planned economy
after the Communist takeover in 1949 and liberalization and decentralization policies that
initiated the reform era in 1978–79. Beijing, as the home of the Chinese Communist Party
182 CHINESE LAW AND GOVERNMENT

and seat of government, has often served as a testing ground for national policy, which is
interpreted and administered through drafting and implementation of municipal regula-
tions. Understanding the impact of national law and regulations requires consideration
of local policy and its implementation.
The current “Beijing Development Plan for Standardizing the Protection of Cultural
Heritage (2014–2020)” outlines the needs and objectives for standardization of cultural
heritage protection, including specific focus on fundamental standards for defining and
identifying cultural heritage, implementing and enforcing existing rules and regulations,
improving public service, strengthening emergency response, and promoting advanced
technology. According to the document, standardizing different aspects of the profession
can be leveraged to develop new techniques and methods, ultimately encouraging develop-
ment of innovative and improved practices. The plan also calls for greater public partici-
pation in evaluation and implementation of standards. The “Beijing Municipality
Regulations for the Management of Conservation and Construction Control Zones of Pro-
tected Cultural Heritage Entities,” first passed in 1987 and revised in 2007, outlines specific
zoning tools used in and around specially designated cultural heritage sites to protect the
character of the environment and surrounding landscape.
The “Conservation Plan for Twenty-Five Beijing Old City Historical and Cultural Con-
servation Areas,” released in 2005, presents the boundaries of specially designated neigh-
borhoods within the center of Beijing that benefit from protection and development
control and represent 38 percent of Beijing’s Old City, the historic center of the city bound
by the Second Ring Road. This document also presents invaluable information on land use,
greenspaces, and the traditional Beijing alleyways or hutongs. Management and, ultimately,
protection of these areas relies on the use of traditional courtyard houses as the smallest
units of residential conservation and calls for lowering density across the Old City. The
“Technical Guidelines for the Maintenance and Protection of Old Beijing Housing,” passed
in 2007 by the Beijing Cultural Heritage Bureau, presents maintenance and renovation
approaches required for nonheritage buildings, both traditional and modern, within the
Old City and other protected areas. The document provides key definitions of the types
and characteristics of nonheritage buildings and the physical treatments allowed, empha-
sizing the importance of approaches compatible with the character of the neighborhood.
Like the national regulations on penalties, the “Beijing Municipal Measures for the
Regulation of Discretionary Administrative Penalties Imposed by Cultural Heritage
Administrative Departments,” implemented in 2010, sets forth specific criteria for penalties
that include the severity of the act or crime against cultural heritage, the age of the per-
petrator, and repeat offenses. Parameters for fines are also included. In contrast to admin-
istrative penalties, the “Notice of the Beijing Municipal Cultural Heritage Bureau on
Standardizing the Application Procedures for Cultural Heritage Exhibitions Exiting and
Entering China,” provides required procedures for permission to move and exhibit cultural
heritage within the country or abroad. These requirements include creation and sub-
mission of copious hard copy and electronic documentation and also apply to non-Chinese
heritage from abroad.
Cultural heritage policy in China represents a broad spectrum of legal requirements,
professional guidelines, and procedural documents that serve to formalize the practice
and regulation of cultural heritage protection and management. Ongoing evolution and
development of policy in response to innovation and emerging threats indicate that
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Chinese lawmakers take seriously the protection of their heritage and the implementation
of improved management practices. This apparent responsiveness will be vital to the
survival of China’s impressive cultural heritage.

Notes
1. This law is not included in this issue as it is published in English by the People’s Republic of
China and officially translated as the Law of the People’s Republic of China on the Protection of
Cultural Relics. For the sake of consistency and in keeping with international and more recent
Chinese practice, I have chosen to use the term “cultural heritage” for wenwu, rather than the
antiquated, but still official in some contexts, “cultural relics.” See China State Administration
for Cultural Heritage, 2002. Zhonghua Renmin Gongheguo Wenwu Baohufa (Law of the People’s
Republic of China on the Protection of Cultural Relics). Beijing, China: Cultural Heritage
Publishers.
2. Trevor H. B. Sofield and Fung Mei Sarah Li. 1998. “Tourism development and cultural policies in
China.” Annals of Tourism Research 25(2), p. 370.
3. An important bilingual reference for the concepts and terminology related to immovable cultural
heritage in China is the Principles for the Conservation of Heritage Sites in China, printed and
approved by SACH in 2002. See http://www.getty.edu/conservation/publications_resources/
pdf_publications/heritage_
sites_china.html.
4. See http://www.international.icomos.org/xian2005/xian-declaration.htm.
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