The "New Law" Protects "Family Heirlooms": Your Ancestral Home or Ancient Well May Be Included in Cultural Heritage Protection!

Introduction

The 12th Session of the Standing Committee of the 14th National People's Congress voted to adopt the newly revised "Law of the People's Republic of China on the Protection of Cultural Relics" (hereinafter referred to as the "New Law"), which will take effect on March 1, 2025. This concerns not only the "national treasures" of cultural relics in museums but is also closely related to the lives of ordinary people—your family's ancestral antiques, the old house where generations have lived, or even the ancient well at the entrance of the village may all be "designated for protection" by law!

The "Law of the People's Republic of China on the Protection of Cultural Relics" is the first law in the cultural field of the People's Republic of China. Since its promulgation and implementation in November 1982, it has undergone one revision and five amendments. This latest revision marks a new stage in China's cultural relic protection, entering an era of governance according to law. This revision not only reshapes the boundaries of the definition of cultural relics but will also fundamentally change the way 1.4 billion Chinese people pass on their culture. Under the guidance of the "New Law," how can we better protect our cultural relics?

I. Highlights of the New Law: From "National Treasures" to "Family Treasures," a Major Upgrade in the Scope and Methods of Protection!

1. What Exactly Constitutes a Cultural Relic? The New Law Reveals the Answer!

In the past, people's understanding of cultural relics was primarily limited to those displayed in programs such as "National Treasure," often overlooking other types of cultural relics. This revised "New Law" provides a clear definition of cultural relics.
Article 2 of the "New Law" stipulates: Cultural relics refer to objects created by humans or related to human activities that possess historical, artistic, or scientific value. These objects include ancient sites, ancient tombs, ancient buildings, cave temples, stone carvings, and murals; significant modern and contemporary sites, physical objects, and representative buildings associated with major historical events, revolutionary movements, or famous figures; as well as fossilized ancient vertebrates and ancient human fossils of scientific value. These provisions not only clarify the scope of cultural relics but also delineate the boundaries of protection, thereby perfecting the legal framework for cultural relic protection. Furthermore, the "New Law" further clarifies the dominant role of the State Council in the identification of cultural relics, including the identification subject, methods, and standards, all of which are determined by the State Council and announced to the public, thereby making the identification process more standardized and authoritative.This not only benefits the protection of state-owned cultural relics but also provides legal safeguards for privately collected cultural relics, making the work of cultural relic protection more comprehensive and meticulous.

2. Demolition of Old Buildings? First, Pass the "Cultural Relic Review"

During urban renewal, some historic buildings have regrettably disappeared due to "erroneous demolition." To prevent such occurrences, the New Law stipulates that before any project commences, the relevant land parcel must undergo a "cultural relic physical examination" by the cultural relics authority. If unregistered historic buildings or remains are discovered, plans must be adjusted, or on-site protection must be implemented; outright demolition is strictly prohibited.

Article 24 of the New Law further clarifies: Prior to the renovation of old urban districts or the large-scale development of land, the people's government at or above the county level must organize a comprehensive survey of immovable cultural relics within the area, promptly verify, register, and publish them, and simultaneously adopt protective measures in accordance with the law. This is equivalent to conducting a "comprehensive physical examination" for historic buildings and issuing a "protection certificate" to prevent developers from "inadvertently damaging" cultural relics. In short, it means "survey first, construction later," ensuring that cultural relics are not harmed.

Furthermore, Article 27 stipulates: When formulating plans, people's governments at all levels must, based on the needs of cultural relic protection, have relevant departments and the cultural relics administrative department jointly determine protective measures for immovable cultural relics and incorporate them into the plans. The cultural relics administrative department of the local people's government at or above the county level shall, based on actual needs, prepare protection plans for immovable cultural relics within its jurisdiction. These plans shall be published and implemented upon approval by the people's government at the same level and reported to the higher-level cultural relics department for recordation. This is equivalent to tailoring a "protection plan" for each cultural relic, ensuring it is not "submerged" in the tide of urban development.

At the operational level, Articles 28 and 29 provide more detailed safeguard measures for cultural relic protection units. Article 28 clarifies: Within the protected area of a cultural relic protection unit, construction projects unrelated to cultural relic protection, or operations such as blasting, drilling, and excavation, are generally prohibited. If special circumstances necessitate construction, the safety of the cultural relic must be ensured, and a strict approval process must be followed. Article 29 stipulates: Based on the actual needs of cultural relic protection, a "construction control zone" may be delineated around a cultural relic protection unit. When constructing within this zone, the historical appearance of the cultural relic must not be damaged, and the engineering design plan must be approved by the cultural relics administrative department and legally obtain planning permission. This is equivalent to demarcating a "safety zone" for cultural relics, protecting both the relic itself and its historical character.

In summary, through a series of detailed provisions, the New Law has erected a solid "firewall" for cultural relic protection, ensuring that historic buildings are no longer "harmed" during urban renewal.

3.Unauthorized Demolition of Historic Buildings: Fines Increased from the Previous "10,000-100,000 RMB" to "100,000-1,000,000 RMB";

In the work of cultural relic protection, certain improper acts may cause irreparable damage to cultural relics. To better safeguard these historical treasures, Article 83 of the New Law establishes a "red line" for related conduct. For example:

lUnauthorized construction of projects unrelated to cultural relic protection within the protected area of a cultural relic protection unit, or engaging in "hazardous operations" such as blasting, drilling, or excavation;

lFailure to formulate on-site protection measures for immovable cultural relics, or commencing construction without approval of such measures

Such actions may cause damage to cultural relics, or even result in irreparable losses. In response, Article 83 of the New Law establishes clear punitive measures: Whoever commits any of the following acts shall be ordered to make corrections and given a warning by the cultural relic administrative department of the people's government at or above the county level; if damage to cultural relics or other serious consequences are caused, the entity shall be fined not less than RMB 500,000 but not more than RMB 5,000,000, and the individual shall be fined not less than RMB 50,000 but not more than RMB 500,000, and shall be ordered to bear the costs of repairing and restoring the relevant cultural relics, and the original licensing authority shall downgrade the qualification level; if the circumstances are serious, the entity may be fined not less than RMB 5,000,000 but not more than RMB 10,000,000, and the original licensing authority shall revoke the qualification certificate.

At a minimum, an order for correction and a warning shall be issued; in severe cases, fines or even revocation of qualification certificates may be imposed. By increasing the cost of violations, these provisions enhance the deterrent effect of the law, ensuring the seriousness and effectiveness of cultural relic protection work.

II. What Residents Must Know: These Actions Are Prohibited!

1. What Are the "Restricted Zones" for Cultural Relic Trading?

(1) Which cultural relics may not be traded?

1. State-Owned Cultural Relics
State-owned cultural relics are national treasures and, in principle, are not permitted to be traded. They may only be transacted upon special authorization by the state, and such exceptional cases are subject to strict approval and supervision to ensure the proper protection and reasonable utilization of these relics.

2. Specific Parts of State-Owned Immovable Cultural Relics
Such as murals, sculptures, and architectural components, these are generally also prohibited from being traded. However, an exception may be made if these parts are lawfully removed from an immovable cultural relic and are not required to be collected by a cultural relic collection entity. This provision both protects the integrity of cultural relics and allows for flexibility in special circumstances.

3. Non-State-Owned Precious Cultural Relics in Collections
Although these cultural relics are not held by the state, they are equally prohibited from being traded. Because they bear significant historical and cultural value, strict control is necessary to protect our cultural heritage.

4. Cultural Relics of Illegitimate Origin
The transaction of cultural relics must strictly comply with legal norms, and the legitimacy of the origin is a prerequisite for any transaction. If a cultural relic has been stolen or its origin does not conform to legal provisions, its sale is absolutely prohibited.

5. Lost Cultural Relics
Pursuant to the provisions of the New Law and relevant international conventions, lost cultural relics that have been reported by foreign governments or international organizations fall within the scope of prohibited transactions. These relics constitute an important part of a nation's cultural memory, and the international community is making efforts through various means to facilitate their return to their countries of origin. Any attempt to trade such lost cultural relics not only violates domestic law but may also contravene the provisions of relevant international conventions, constituting an unlawful act.

(2) Where Can Cultural Relics Be Purchased?

1. Cultural Relic Auction Enterprises
According to the New Law and relevant laws and regulations, an enterprise engaged in the auction of cultural relics must obtain a "Cultural Relic Auction Permit" issued by the administrative department for cultural relics of the people's government of the province, autonomous region, or municipality directly under the Central Government before it may lawfully conduct cultural relic auction business. Furthermore, cultural relic auction enterprises shall not engage in the business of selling cultural relics nor establish cultural relic sales entities. The conditions for issuing a Cultural Relic Auction Permit are very stringent, ensuring that the auction enterprise possesses sufficient professional competence and credibility to conduct auction activities in a standardized manner.

2. Cultural Relic Sales Entities
Cultural relic sales entities must also obtain a "Cultural Relic Sales Permit" issued by the administrative department for cultural relics of the people's government of the province, autonomous region, or municipality directly under the Central Government. Furthermore, they are prohibited from concurrently engaging in cultural relic auction business or establishing auction enterprises. This regulation is intended to prevent market confusion and ensure the healthy development of the cultural relic trading market.

l Case Illustration:

From 2020 to March 2021, Jia, for profit, first acquired cultural relics from Zhou and Dong, and then conducted live-streaming auctions through online bidding. In this manner, hundreds of cultural relics, including the Han Dynasty General's Seal, Baoxiang Pattern Bronze Mirror, Bronze Door Knocker, and Bronze Coins, were displayed one by one under the camera. After bidding by "customers," the highest bidder won. Subsequently, with the assistance of store employees Liu, Li, and others, the relics were registered, packaged, and shipped, thereby being illegally converted into commodities and flowing into the market. In June 2021, Jia was arrested by the public security authorities on suspicion of the crime of illegally trafficking cultural relics.

Ultimately, following a public prosecution initiated by the People's Procuratorate, the local court sentenced Jia and 15 other individuals to fixed-term imprisonment ranging from seven months to seven years, and imposed fines ranging from RMB 5,000 to RMB 100,000, for the crime of illegally trafficking cultural relics.

The Cultural Relics Protection Law explicitly stipulates that only cultural relic auction enterprises that have lawfully obtained a cultural relic auction license and cultural relic sales units that have lawfully obtained a cultural relic sales license may engage in cultural relic business activities. No other entity or individual may engage in commercial cultural relic activities. When buying or selling cultural relics, we must strictly comply with relevant laws and regulations. This is not only a respect for the law but also a protection of cultural heritage.

2. What should be noted in construction projects, agricultural production, and other activities?

The New Law endows the importance of cultural relics with new connotations. Activities such as engineering and production commonly encountered in daily life will also be guided by the concept of cultural protection. When planning land for construction, it is necessary to avoid immovable cultural relics as much as possible. If cultural relics or suspected cultural relics are discovered after construction has commenced, the site must be immediately protected and reported to the local cultural relics administrative department.

l Case Illustration:

In 2023, a villager named He, from a village in Henan Province, accidentally unearthed a batch of artifacts of antique style, including porcelain and bronze items, while tilling his own farmland. He initially determined that these might be ancient remains. He immediately ceased digging and notified the local village committee and the cultural relics authority.

After the news spread, an antique dealer approached He and offered to purchase the artifacts for 50,000 RMB. Faced with the temptation of money, He, after careful consideration, concluded that these cultural relics belonged to the state and should not be privately traded. Therefore, he resolutely rejected the dealer's purchase offer and chose to surrender the artifacts intact to the state.

Subsequently, upon expert appraisal and research, these artifacts were identified as cultural relics from a Yuan Dynasty hoard. He's discovery further enriched the research materials on Yuan Dynasty history and culture, making an outstanding contribution to the protection of cultural heritage. To commend the villager's conduct, the local government, in accordance with relevant cultural relic protection policies, granted him a subsidy of 100,000 RMB and issued a certificate of honor to encourage his noble act of protecting cultural relics.

After the incident was reported by the media, He's actions received widespread acclaim from all sectors of society. Following his recognition, the villagers in that community also became extremely cautious during farming activities, enhancing their awareness of cultural relic protection. He has undoubtedly become a model for the protection of cultural relics.

According to Article 46 of the Law on the Protection of Cultural Relics: In activities such as construction projects and agricultural production, any unit or individual that discovers cultural relics or suspected cultural relics shall protect the site and immediately report to the local cultural relics administrative department. Therefore, when we discover cultural relics, we must promptly report to the local cultural relics administrative department, protect the site, and surrender the cultural relics.

3. Illegal Business? Fines Doubled!

In the work of protecting cultural relics, certain illegal activities seriously threaten the safety of these artifacts. To more effectively protect these precious historical heritages, the new version of the cultural relic protection regulations has comprehensively escalated the penalties for illegal acts, making violators "pay a higher price."

Article 88 of the New Law explicitly stipulates: If any person buys or sells cultural relics whose trade is prohibited by the state, or sells cultural relics prohibited from being exported to an individual or organization outside the country, the relevant authorities shall confiscate the illegal gains and the cultural relics.

The specific penalty standards are revised as follows:

l If the illegal business turnover exceeds 5,000 RMB, the fine is increased from the original "2 to 5 times" to "2 to 10 times";

l If the amount is less than RMB 5,000, the fine is increased from "RMB 5,000 to RMB 20,000" to "RMB 10,000 to RMB 50,000."

For cultural relic sales units and auction enterprises:

l If the illegal business turnover exceeds RMB 30,000, the fine is increased from "1 to 3 times" to "2 to 10 times";

l If the amount is less than RMB 30,000, the fine is increased from "RMB 5,000 to RMB 50,000" to "RMB 50,000 to RMB 250,000."

l If the circumstances are particularly serious, the business license will be directly revoked, causing the violator to be "completely eliminated from the market."

Article 89 of the New Law stipulates that any person who engages in commercial activities involving cultural relics without a license shall be ordered by the competent cultural relics administrative department of the people's government at or above the county level to make corrections, and a new penalty of "warning or circulation of a notice of criticism" has been added. The specific penalty standards are amended as follows:

l If the illegal business turnover exceeds RMB 30,000, the fine multiplier is increased from "2 to 5 times" to "2 to 10 times";

l If there is no illegal business turnover or the illegal business turnover is less than RMB 30,000, the fine is increased from "RMB 20,000 to RMB 100,000" to "RMB 50,000 to RMB 250,000."

Furthermore, the enforcement authority for these penalties has been adjusted from the former "Administration for Industry and Commerce" to the "cultural relics administrative department," further clarifying the law enforcement responsibilities of the cultural relics department and avoiding the phenomenon of "passing the buck."

In summary, the New Law, by substantially increasing the cost of violations and clearly defining the enforcement authorities, serves as a strong deterrent to those who might contemplate tampering with cultural relics. Consequently, the red line for cultural relic protection has become more clearly demarcated, law enforcement efforts have been strengthened, and our cultural heritage can be better safeguarded.

III. How Can Ordinary Individuals Contribute to Cultural Relic Protection?

The significant responsibility of protecting cultural relics is by no means borne solely by professional institutions and the government. Every ordinary individual living on this land can become a key force in safeguarding our historical and cultural heritage. So, in our daily lives, what practical actions can we take to contribute to the protection of cultural relics?

1. Practice Civilized Visits

Civilized visitation is the most fundamental form of respect for cultural relics. In venues bearing profound history, such as museums and historical sites, we must strictly adhere to all regulations. In areas within museums where touching relics is explicitly prohibited, we must consciously restrain our behavior, as substances like sweat and oil from our hands can corrode the surface of relics and accelerate their deterioration. When visiting historical sites, we should refrain from climbing or trampling arbitrarily to avoid damaging the original features of the site. At the same time, we must remain vigilant to minimize man-made damage. We must never write or carve on cultural relics; even a small mark can inflict irreparable harm, robbing precious historical heritage of its original charm.

2. Support Cultural Relic Protection Efforts

Actively participating in volunteer activities is a powerful way to support cultural relic protection work. One can join professional cultural relic protection organizations or volunteer teams, assisting in relic inspections and participating in public awareness campaigns for relic protection, thereby contributing tangible efforts to the cause. Additionally, one can support cultural relic protection projects through donations. Whether donating funds or materials, such contributions provide essential support for the restoration, maintenance, and research of cultural relics.

3. Report Acts of Vandalism

In daily life, the risk of damage to cultural relics may be present all around us. While walking through streets and alleys, one might discover historically valuable old buildings being damaged, for instance, due to improper construction practices by work crews causing structural harm. Alternatively, at construction sites, workers may unearth peculiar pottery shards, which could potentially be precious historical remains.

When you witness such situations, do not stand idly by. Take out your mobile phone and photograph the scene for documentation; these photographs will serve as crucial evidence for reporting. Then, immediately call the cultural heritage violation reporting hotline at 12359. The relevant authorities will promptly intervene and investigate based on the information you provide, preventing further damage to the cultural relics.

Conclusion:

Cultural relics are not cold "old objects," but rather warm imprints of the lives of generations. This new amendment to the Law of the People's Republic of China on the Protection of Cultural Relics is not only a steadfast commitment to the preservation of historical and cultural heritage but also a powerful measure to meet the demands of development in the new era, further transforming the protection of cultural relics from a "state affair" into a "matter for everyone."

Appendix: Practical Tools

Original Text of the Law of the People's Republic of China on the Protection of Cultural Relics:

https://www.gov.cn/yaowen/liebiao/202411/content_6985748.htm

National Unified Hotline for Reporting Cultural Heritage Violations: 12359

Established by the National Cultural Heritage Administration for reporting illegal activities such as destruction, theft, and smuggling of cultural relics.

National Cultural Market Reporting Hotline:12318

Used for reporting illegal activities such as illicit trading of cultural relics and archaeological looting.