중국의 문물(文物) 보호에 관한 주요법제 고찰

Abstract

Cultural heritages of a country are important assets for it has critical significance in every direction such as Politics, Economy,Culture, Art, Religion from its specific historical moments. It also indicates certain identity of the people and leads to an advanced future society as a cultural content. The administrative agency of the State Council called 'State Administration of Cultural Heritage' and the relevant ministries established at each districts as Government-affiliated organizations are carrying out the maintaining and preserving the cultural properties in China. China has been enacting the basic guideline 'Efficient protection, utilization and consolidation of maintaining the Cultural properties ' on Cultural assets related-task since legislating a policy of 'Preserving cultural properties and maintenance works'in 1992. China has established and had been conducting many laws and regulations to protect Cultural assets. Above all, there is the 'Cultural Properties Protection Law' and the ordinances providing its substances to assist carrying out the law. The Cultural Properties Protection Law is clearly defining the following : ① Establishing a preservation of the products of civilization, ②Ascertain the extent of untransferable cultural properties, ③ Strict regulation of protective system on the museum's collection, ④ Regulation on mutual transfer at cost between state-owned museums' products of civilization, ⑤Legal responsibilities for crimes about the cultural properties and damaging the cultural assets. And an enforcement ordinance was put in force since July 1, 2003. Despite all the efforts of the Chinese Government, there still exist many problems related to Cultural properties. Such as Illegal outflow of the Cultural Properties, matter of restoration of national cultural assets which was taken for historic cause, Balancing the reserving the cultural assets and economic development or economic issues. We also need to set the policy and detailed action plans concerning such problems because those problems are not happening for the Chinese Government alone. Most of all, each countries must abandon their egotisms and work out the measures of collaboration on contributing to a human civilization advances with international organizations as the center.