중국 매장문화재제도의 비판적 검토

Abstract

This paper had investigated the problems and terms associated with archaeological research systems which is part of law regarding cultural relics and discussed the potential improvements that could be made on the political system that would effectively protect cultural relics. However despite every efforts placed into preserving cultural relics, Chinese law still possess many areas that need to be rectified. Especially the legal system for relics, which requires archaeological investigations, is extremely ambiguous and feeble that it faces difficulty in taking measures against the rapid change of its society. The uniqueness of cultural relics, consists in its burial underground, making it necessary for archaeological investigations, that is, archaeological survey and excavation for it to show its existence. Archaeological survey is a procedure that confirms historic relics and remains that are exposed to the surface and the purpose of it is to grasp their range of distribution. Thus the purpose, range, procedure, method, period, report, mean to preserve cultural relics as well as utilization of collected data of archaeological survey must all be specified in the law; however China has not yet instituted a single law regarding cultural relics, in which the damage is inevitable under continuous construction for development. Hence the paper proposed a specific investigational plan as to establishing such law. Archaeological excavation is a procedure which exposes only the historical relics and remains buried underground that was confirmed via archaeological survey. However due to feeble attempts to protect cultural relics by means of the legal system, a vast quantity of history remains were destroyed without seeing the light of the world. Collected historic relics and remains by investigation also need to be made public to the general population; however the majority of data collected through archaeological investigations is still not being released. As opposed to the claim made by Chinese government being a leading country in terms of cultural aspects, their attention is solely focused on foreign trades and developmental projects. Therefore in order to prevent further damage to cultural relics, archaeological research should be made complete at once prior to promoting so that they could devise a system that could then be reflect on business projects. Although cultural relics investigations should be fully attended by government as it is national property entitled to the public, such problems can be thought to have been caused by neglecting the obligations and responsibilities to protect. One crucial point to note is that the perception held by the members of the public for cultural relics must also be raised along with the investigations and the maintenance of preserving the system. The areas that needs in depth study and consideration by Chinese government in the future are cultural relics preservation in conjunction with effective utilization of discovered relics. That is, by establishing a plan for the maintenance and utilization of relics, its existence should be firmly linked to the public. Considering all the previous statements, Chinese government should have their efforts directed at terminably integrating the investigation, study, preservation, protection, development, utilization and education etc. into a single system for overall management. The existence of cultural relics related law in China getting vague with time or data being intercepted in the early stage is are indivisibly connected to cultural relic investigation and protection that the law and regulations must soon be put into place for its effective management.