The 'New Law' Protects 'Family Heirlooms': Your Old House and Ancient Well May Be Included in Cultural Relics Protection!

Introduction

The newly revised Cultural Relics Protection Law of the People's Republic of China (hereinafter referred to as the 'New Law'), passed by the 12th session of the Standing Committee of the 14th National People's Congress, will take effect on March 1, 2025. This is not only about the 'national treasures' in museums, but also closely related to the daily lives of ordinary people—your ancestral heirlooms, old houses that have sheltered generations, and even the ancient well at the village entrance could all be 'named for protection' by the law!

The Cultural Relics Protection Law of the People's Republic of China 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 China's cultural relics protection entering a new stage of governance by law. This revision not only reshapes the boundaries of cultural relics definition but will also fundamentally change the cultural inheritance methods for 1.4 billion Chinese people. Under the guidance of the 'New Law', how should we better protect our cultural relics?

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

1. What Exactly Constitutes Cultural Relics? The 'New Law' Reveals the Answer!

In the past, people's understanding of cultural relics was mainly limited to those displayed in programs like 'National Treasure', often overlooking other types of relics. The revised 'New Law' has clearly defined what constitutes cultural relics.
Article 2 of the 'New Law' stipulates: Cultural relics refer to items created by humans or related to human activities that possess historical, artistic, or scientific value. These items include ancient sites, ancient tombs, ancient architecture, cave temples, stone inscriptions, and murals; important modern relics, objects, and representative buildings related to major historical events, revolutionary movements, or famous figures; as well as ancient vertebrate fossils and ancient human fossils with scientific value, among others. These provisions not only clarify the scope of cultural relics but also delineate the protection scope, making the legal framework for cultural relics protection more comprehensive. In addition, the 'New Law' further clarifies the State Council's dominant role in cultural relics identification, including the identification subject, identification methods, and identification standards, all of which are determined and publicly announced by the State Council, thereby making cultural relics identification work more standardized and authoritative.This not only benefits the protection of national cultural relics but also provides legal protection for privately collected relics, making cultural relics protection work more comprehensive and meticulous.

2. Demolishing Old Buildings? First Pass the 'Cultural Relics Review'!

During urban renewal, some historical buildings have disappeared due to 'accidental demolition', which is regrettable. To avoid such situations, the 'New Law' stipulates: Before any project commences, the cultural relics department must conduct a 'cultural relics physical examination' on the relevant land parcel. If unregistered historical buildings or relics are discovered, the planning must be adjusted or in-situ protection must be implemented, strictly prohibiting 'demolishing first, asking questions later'.

Article 24 of the 'New Law' further clarifies: Before old urban district renovation or large-scale land development, the people's government at or above the county level must organize a comprehensive survey of immovable cultural relics in the area, and promptly conduct verification, registration, and announcement, while taking protective measures in accordance with the law. This is equivalent to conducting a 'comprehensive physical examination' for historical buildings and issuing a 'protection certificate' to prevent developers from 'accidentally damaging' cultural relics. In simple terms, it is 'investigate first, then construct', ensuring cultural relics are not damaged.

In addition, Article 27 stipulates: When formulating plans, people's governments at all levels must, based on the needs of cultural relics protection, jointly determine protective measures for immovable cultural relics with relevant departments and cultural relics administrative departments, and incorporate them into the plan. The cultural relics administrative departments of local people's governments at or above the county level shall, based on actual needs, prepare protection plans for immovable cultural relics within their jurisdictions, which shall be approved and publicly announced by the local people's government at the same level, and reported to higher-level cultural relics departments for the record. This is equivalent to customizing a 'protection plan' for each cultural relic, ensuring it is not 'submerged' in the wave of urban development.

At the specific operational level, Articles 28 and 29 provide more detailed safeguard measures for cultural relics protection units. Article 28 clearly states: Within the protection scope of cultural relics protection units, construction projects unrelated to cultural relics protection, or operations such as blasting, drilling, or excavation are prohibited in principle. If special circumstances genuinely require construction, the safety of cultural relics must be ensured, and strict approval procedures must be followed. Article 29 stipulates: Based on the actual needs of cultural relics protection, a 'construction control zone' may be designated around cultural relics protection units. When constructing within this zone, the historical appearance of cultural relics must not be destroyed, and engineering design plans must be approved by the cultural relics administrative department and obtain planning permits in accordance with the law. This is equivalent to drawing a 'safety zone' for cultural relics, protecting both the relics themselves and their historical charm.

In summary, through a series of detailed regulations, the 'New Law' has built a solid 'firewall' for cultural relics protection, preventing historical buildings from being 'injured' during urban renewal.

3.Unauthorized Demolition of Historical Buildings: Fines Increased from '10,000-100,000' to '100,000-1,000,000';

In cultural relics protection work, some improper behaviors may cause irreparable damage to cultural relics. To better protect these historical treasures, Article 83 of the 'New Law' has drawn 'red lines' for related behaviors. For example:

LUnauthorized construction projects within the protection scope of cultural relics protection units that are unrelated to cultural relics protection, or engaging in 'dangerous operations' such as blasting, drilling, or excavation;

LFailing to formulate in-situ protection measures for immovable cultural relics, or starting construction without approval of protective measures

These behaviors may 'injure' cultural relics and even cause irreparable losses. In response, Article 83 of the 'New Law' stipulates clear penalty measures: For any of the following acts, the cultural relics administrative department of the people's government at or above the county level shall order correction and give a warning; if cultural relics are damaged or other serious consequences are caused, a fine of not less than 500,000 yuan but not more than 5,000,000 yuan shall be imposed on the unit, and a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed on the individual, and shall order the party to bear the relevant costs for repair and restoration of cultural relics, and the issuing authority shall lower the qualification level; if the circumstances are serious, a fine of not less than 5,000,000 yuan but not more than 10,000,000 yuan may be imposed on the unit, and the issuing authority shall revoke the qualification certificate.

Minor violations may result in orders for correction and warnings; serious violations may result in fines or even revocation of qualification certificates. These regulations enhance the deterrent effect of the law by increasing the cost of violations, ensuring the seriousness and effectiveness of cultural relics protection work.

II. What Residents Must Know: Never Do These Things!

1. What Are the 'Restricted Areas' in Cultural Relics Trading?

(1) Which cultural relics cannot be traded?

1. State-owned cultural relics
State-owned cultural relics are treasures of the nation and are generally not allowed to be traded. They can only be traded after special state approval, but these special circumstances are subject to strict approval and supervision to ensure these cultural relics are properly protected and rationally utilized.

2. Specific parts of state-owned immovable cultural relics
Such as murals, sculptures, building components, etc., these are also generally not allowed to be traded. However, if these parts of immovable cultural relics are legally demolished and do not belong to those that must be collected by cultural relics collection units, then exceptions may be made. This provision protects the integrity of cultural relics while leaving some flexibility for special circumstances.

3. Non-state-owned museum-quality cultural relics
Although these cultural relics are not in the hands of the state, they are also prohibited from trading. Because they carry important historical and cultural value, strict control is necessary to protect our cultural heritage.

4. Cultural relics of illegal origin
The trading of cultural relics must strictly follow legal norms, and the legality of origin is a prerequisite for trading. If cultural relics were stolen, or their origin does not comply with legal regulations, trading is absolutely prohibited.

5. Lost cultural relics
According to the provisions of the 'New Law' and relevant international conventions, lost cultural relics notified by foreign governments or international organizations fall within the prohibited trading scope. These cultural relics are an important part of the nation's cultural memory, and the international community is striving to promote their return to their countries of origin through various means. If someone attempts to trade these lost cultural relics, they not only violate domestic laws but may also contravene relevant provisions of international conventions, constituting illegal behavior.

(2) Where can cultural relics be purchased?

1. Cultural relics auction enterprises
According to the 'New Law' and relevant laws and regulations, enterprises engaged in cultural relics auction must obtain a 'Cultural Relics Auction Permit' issued by the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the central government before they can legally conduct cultural relics auction business. In addition, cultural relics auction enterprises shall not engage in cultural relics sales and distribution activities, nor establish cultural relics sales units. The conditions for issuing cultural relics auction permits are very strict, which is to ensure that auction enterprises have sufficient professional capability and credibility to conduct auction activities in a standardized manner.

2. Cultural relics sales units
Cultural relics sales units should also obtain a 'Cultural Relics Sales Permit' issued by the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the central government, and they cannot simultaneously engage in cultural relics auction business or establish auction enterprises. This provision is to avoid market chaos and ensure the healthy development of the cultural relics trading market.

L Case Analysis:

From 2020 to March 2021, Jia, for profit purposes, first purchased cultural relics from Zhou and Dong, and then conducted live auctions through online bidding. In this way, hundreds of cultural relics such as Han Dynasty Partial General's Seal, Baoxiang Pattern Bronze Mirrors, Bronze Door Pulls, and Copper Coins were displayed one by one on camera. After bidding by 'customers', the highest bidder won, and then with the help of clerks Liu, Li, and others, the relics were registered, packaged, and shipped, illegally transforming cultural relics into commodities and flowing into the market. In June 2021, Jia was arrested by public security authorities for suspected crime of trafficking in cultural relics.

Eventually, after public prosecution by the people's procuratorate, the local court sentenced Jia and 16 others to fixed-term imprisonment ranging from seven months to seven years for the crime of trafficking in cultural relics, along with fines ranging from 5,000 yuan to 100,000 yuan.

The Cultural Relics Protection Law clearly stipulates that only cultural relics auction enterprises that have lawfully obtained cultural relics auction permits and cultural relics sales units that have lawfully obtained cultural relics sales permits may engage in cultural relics business activities; other units or individuals shall not engage in cultural relics commercial business activities.When buying or selling cultural relics, we must strictly comply with relevant laws and regulations, which is not only respect for the law but also protection of cultural heritage.

2. What Should Be Noted in Construction Projects, Agricultural Production, and Other Activities?

The 'New Law' has given new connotations to the importance of cultural relics, and daily life activities such as engineering and production are also 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 commences, the site must be protected immediately and reported to the local cultural relics administrative department.

L Case Analysis:

In 2023, a villager named He in a village in Henan Province, while plowing his own field, unexpectedly unearthed a batch of antiquities with simple designs, including porcelain and bronze items. He initially judged they might be ancient remains. He immediately stopped digging and notified the local village committee and cultural relics department.

When the news spread, cultural relic dealers approached He and offered to buy the batch for 50,000 yuan. Facing the temptation of money, He carefully considered and believed these cultural relics belonged to the nation and should not be privately sold. Therefore, he resolutely refused the dealers' purchase offers and still chose to hand over the cultural relics completely to the state.

Later, after expert identification and research, this batch of artifacts was identified as Yuan Dynasty buried cultural relics. He's discovery further enriched the research materials on Yuan Dynasty history and culture and made outstanding contributions to the protection of cultural heritage. To commend He's behavior, the local government, in accordance with relevant cultural relics protection policies, gave him a subsidy of 100,000 yuan and issued an honorary certificate to encourage his noble behavior of protecting cultural relics.

After the incident was reported by media, He's behavior received widespread acclaim from all sectors of society. After receiving the commendation, the villagers in his village became extremely careful during farming and raised their awareness of cultural relics protection. He has rightfully become a model for protecting cultural relics.

According to Article 46 of the Cultural Relics Protection Law: During construction projects, agricultural production, and other activities, 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 hand over the cultural relics.

3. Illegal Business Operations? Fines Doubled!

In cultural relics protection work, some illegal behaviors seriously threaten the safety of cultural relics. To more effectively protect these precious historical heritages, the new version of cultural relics protection regulations has comprehensively upgraded the penalties for illegal behaviors, making violators 'pay a higher price'.

Article 88 of the 'New Law' clearly stipulates: If anyone trades cultural relics prohibited from trading by the state, or sells cultural relics prohibited from being taken out of the country to overseas individuals or organizations, the relevant departments shall confiscate their illegal income and the cultural relics.

The specific penalty standards are revised as follows:

L If the illegal business amount exceeds 5,000 yuan, the fine has been increased from '2 to 5 times' to '2 to 10 times';

L If the amount is less than 5,000 yuan, the fine has been increased from '5,000 to 20,000 yuan' to '10,000 to 50,000 yuan'.

For cultural relics sales units and auction enterprises:

L If the illegal business amount exceeds 30,000 yuan, the fine has been increased from '1 to 3 times' to '2 to 10 times';

L If it is less than 30,000 yuan, the fine has been increased from '5,000 to 50,000 yuan' to '50,000 to 250,000 yuan'.

L If the circumstances are especially serious, the business license will also be directly revoked, making the violator 'completely exit' the market.

Article 89 of the 'New Law' stipulates: Anyone who engages in cultural relics commercial business activities without permission shall be ordered to correct by the cultural relics administrative department of the people's government at or above the county level, and new penalty measures of 'warning or circulate criticism' have been added. The specific penalty standards are revised as follows:

L If the illegal business amount exceeds 30,000 yuan, the fine multiplier has been increased from '2 to 5 times' to '2 to 10 times';

L If there is no illegal business amount or the illegal business amount is less than 30,000 yuan, the fine has been increased from '20,000 to 100,000 yuan' to '50,000 to 250,000 yuan'.

In addition, the enforcement subject for penalties has also been adjusted from the original 'commerce department' to 'cultural relics administrative department', further clarifying the law enforcement responsibilities of cultural relics departments and avoiding 'passing the buck' phenomena.

Overall, the 'New Law', by significantly increasing the cost of violations and clarifying the law enforcement subject, makes those who want to profit from cultural relics 'think twice'. In this way, the red lines for cultural relics protection become clearer, law enforcement becomes more forceful, and our cultural heritage can be better protected.

III. How Can Ordinary People Contribute to Cultural Relics Protection?

The important task of cultural relics protection is by no means solely undertaken by professional institutions and the government; every ordinary person living on this land can become a key force in guarding historical and cultural heritage. So, in daily life, what practical actions can we take to contribute to cultural relics protection?

1. Visiting Museums and Sites Respectfully

Visiting respectfully is the most basic respect for cultural relics. In places like museums and historical sites that carry heavy historical significance, we must strictly abide by all regulations. In areas of museums where touching cultural relics is clearly prohibited, we should consciously restrain ourselves, because substances like sweat and oil on our hands may corrode the surface of cultural relics, accelerating their damage. When visiting sites, do not climb or trample arbitrarily, to avoid damaging the original appearance of the site. At the same time, we should always remain vigilant and reduce man-made damage. Never write or carve on cultural relics, because even a small mark may cause irreparable damage to the relics, causing precious historical heritage to lose its original charm.

2. Supporting Cultural Relics Protection Work

Actively participating in volunteer activities is a powerful way to support cultural relics protection work. You can join professional cultural relics protection organizations or volunteer teams, and within the team, assist with cultural relics inspections, participate in cultural relics protection publicity activities, and contribute to cultural relics protection with practical actions. In addition, you can also support cultural relics protection projects through donations, whether monetary or material donations, which can provide necessary support for the repair, maintenance, and research of cultural relics.

3. Reporting Destructive Behavior

In daily life, the risk of cultural relics damage may be right around us. Walking through streets and alleys, you may discover some old buildings with historical value being damaged, such as building structures being harmed due to non-standard construction operations; or strange pottery fragments being dug up by workers at construction sites, which may be precious historical remains.

When you witness these situations, do not stand by. Take out your phone and take photos of the scene as evidence, which will become important evidence for reporting. Then, immediately call the 12359 cultural relics violation reporting hotline, and the relevant departments will promptly intervene based on the clues you provide and stop further damage to the cultural relics.

Conclusion:

Cultural relics are not cold 'old objects', but have temperature—the life traces of generations of people. The new revision of the Cultural Relics Protection Law of the People's Republic of China is not only a firm guardian of historical and cultural inheritance but also a powerful measure to meet the development needs of the new era, further transforming cultural relics protection from a 'national matter' to a 'common cause for everyone'.

Appendix: Practical Tools

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

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

National Unified Hotline for Reporting Cultural Relics Violations: 12359

Established by the Cultural Relics Bureau for reporting illegal acts such as destruction, theft, and smuggling of cultural relics.

National Cultural Market Reporting Hotline：12318

Used for reporting illegal cultural relics trading, illicit excavation, and other acts.