简体中文
(Adopted at the Thirty-first Meeting of the Standing Committee of the Ninth Provincial People's Congress on 7 December 2002 and published in the Bulletin of the Standing Committee of the Gansu Provincial People's Congress No. 60 on 7 December 2002)
Chapter I General Provisions
Article 1 In order to strengthen the protection, management and utilisation of Dunhuang Mogao Grottoes and to promote the excellent historical culture of the Chinese nation, these regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Cultural Relics and the relevant laws and regulations.
Article 2 Dunhuang Mogao Grottoes is a world cultural heritage and national key cultural relics protection units. The protection of Dunhuang Mogao Grottoes, as well as the organs, organisations and individuals who visit, investigate or carry out other activities within the scope of protection of Dunhuang Mogao Grottoes, shall abide by these regulations.
Article Dunhuang Mogao Grottoes protection, should adhere to the "protection first, rescue first, rational use, strengthen the management" approach, the correct handling of economic construction, social development and cultural relics protection of the relationship, to ensure that Dunhuang Mogao Grottoes and its historical features and the authenticity of the natural environment, integrity.
Dunhuang Mogao Grottoes within the scope of protection of basic construction, tourism development must comply with the guidelines for the protection of cultural relics, their activities shall not cause damage to cultural relics and their environment.
Article 4 of the provincial people's government shall strengthen the protection of Dunhuang Mogao Caves, and the implementation of unified leadership. Provincial cultural relics administrative department is the competent authority for the protection of Dunhuang Mogao Grottoes.
Dunhuang Municipal People's Government in urban and rural construction, tourism development, environmental protection, disaster prevention and control, public security and defence, to do a good job in the protection of Dunhuang Mogao Grottoes and its environmental features.
Other relevant people's governments of culture, cultural relics, public security, urban and rural construction, industry and commerce, environmental protection, tourism, customs and other administrative departments in their respective areas of responsibility, to do a good job in the protection of Dunhuang Mogao Grottoes.
Article 5 Dunhuang Mogao Grottoes protection management organisation is specifically responsible for the protection and management of Dunhuang Mogao Grottoes within the scope of protection and accepts the supervision and management of the provincial people's government and its relevant administrative departments and the local people's government.
Article 6 The protection of Dunhuang Mogao Grottoes shall be incorporated into the province's national economic and social development plan and Dunhuang city urban and rural construction master plan.
Dunhuang Mogao Grottoes protection and management organisations shall serve the economic construction and social development.
Article 7 Dunhuang Mogao Grottoes protection and management of funds required by the state and provincial financial allocations to be guaranteed. People's governments at all levels to encourage and support the Dunhuang Mogao Grottoes protection and management institutions to develop cultural industries and absorb donations, sponsorship and so on.
Dunhuang Mogao Grottoes for the protection and management of grants, business income funds and other donations, sponsorship of funds and other foundations should be managed according to law, earmarked for any unit or individual shall not encroach on, misappropriation.
Article 8 The people's governments at all levels shall encourage social forces to participate in the protection of Dunhuang Mogao Grottoes, to support domestic and international cooperation and exchanges.
Article 9 of the people's governments at all levels and their cultural relics administrative departments, Dunhuang Mogao Grottoes protection and management agencies, should actively take measures to collect the loss of cultural relics of Dunhuang Mogao Grottoes; to encourage and support domestic and foreign units and individuals, or to assist in the collection of cultural relics of Dunhuang Mogao Grottoes lost.
Chapter II protection object and scope of protection
Article 10 of these regulations for the protection of Dunhuang Mogao Grottoes include:
(A) Dunhuang Mogao Grottoes within the scope of protection of the grottoes, grottoes before the wooden buildings, grottoes before the temple ruins, pagodas;
(B) Dunhuang Mogao Grottoes cave wall paintings, statues and other parts of the cave as a whole;
(C) by the Dunhuang Mogao Grottoes protection management agency collection, custody, registration of cultural relics collection and important information;
(D) Dunhuang Mogao Grottoes within the scope of protection of underground cultural relics;
(E) constitute the Dunhuang Mogao Grottoes as a whole historical landscape and natural environment;
(F) Other cultural relics shall be protected according to law.
Article 11 Dunhuang Mogao Grottoes protection area is divided into key protection areas and general protection areas.
Key protection area: east to the east bank of the Dazhuan River as the boundary; south to the Chengcheng Bay extends 500 metres to the south; west to the grottoes along the cliffs extends 2,000 metres to the west; north to the provincial highway 217 line 11,000 metres of milestones.
General protected area: east to the western foot of the three dangerous mountains; south to the entire Dazhuan River basin, including Dazhuan, strip huzi, Dalapai, Xiaolapai, bitter gully springs and other waters; west to the Mingsha Mountain Watershed to the west 2,000 metres; north to the Provincial Highway 217 line 1,000 metres of milestones, and to the highway as the centre to the east and west extends 3,500 metres on each side.
Article 12 of the provincial people's government shall, in accordance with the provisions of Article 11 of these regulations, set up protection signs and protection range boundary pillars, other units and individuals shall not move and damage.
Article 13 in Dunhuang Mogao Grottoes outside the scope of protection can be delineated construction control zone, the scope of the provincial people's government to determine and publish.
Chapter III Protection Management and Utilisation
Article 14 of the provincial cultural relics administration shall organise the preparation of Dunhuang Mogao Grottoes protection planning, approved by law and implemented.
Article 15 Dunhuang Mogao Grottoes shall not be built in the key protection zone of new permanent buildings, structures; general protection zone shall not be unrelated to the protection of cultural relics of the construction project. Dunhuang Mogao Grottoes in the key protection zone and the general protection zone shall not carry out blasting, drilling, excavation and other operations, shall not build pollution of cultural relics and their environment, facilities, and shall not carry out activities that may affect the safety of cultural relics and their environment. For special needs of construction works, must obtain the consent of the State Council administrative department of cultural relics, approved by the provincial people's government.
Article 16 The following activities are prohibited in the Key Protection Area and General Protection Area of Dunhuang Mogao Grottoes:
(A) in the cultural relics, buildings, structures, protective facilities on the posting, writing, carving, climbing, over;
(B) in the area with a ban on filming signs for filming activities;
(C) unauthorised mapping of cultural relics, buildings and structures;
(D) sand mining, quarrying, water extraction, open fields, grazing, burning, picnicking;
(e) Setting up advertisements, repairing graves, and dumping rubbish;
(vi) Unauthorised occupation or destruction of vegetation, river systems and roads;
(vii) Shooting, hunting;
(viii) Transporting or storing explosive, flammable, highly toxic or radioactive substances;
(Ix) other activities that may damage or destroy cultural relics, buildings, structures and environmental features.
Article 17 in Dunhuang Mogao Grottoes within the scope of protection and construction control zone has been the pollution of cultural relics and their environmental facilities, should be managed; endangering the safety of cultural relics and destruction of its historical buildings, structures, shall be investigated and dealt with according to law, if necessary, the buildings, structures to be demolished.
Article 18 in Dunhuang Mogao Grottoes protection and construction control zone for construction projects, prior to archaeological investigation, exploration shall be carried out according to law. In the archaeological investigation, exploration of cultural relics found, should be in accordance with the requirements of heritage protection of cultural relics protection programme; in the construction of cultural relics found in the construction, the construction unit shall immediately stop work to protect the site and cultural relics safety, and timely notification of the Dunhuang Mogao Grottoes protection management agencies or the people's government of the cultural relics of Dunhuang City administrative department.
Archaeological investigation, exploration, excavation costs due to construction works, by the construction unit included in the construction project budget.
Article 19 in Dunhuang Mogao Grottoes within the scope of protection and construction control zone, prohibit any unit or individual private excavation of cultural relics. Indeed need to carry out archaeological excavations, should be approved according to law, by the provincial cultural relics administrative department of the organisation has obtained a permit for archaeological excavations unit implementation.
Article 20 in Dunhuang Mogao Grottoes construction control zone shall not affect the safety of cultural relics and their environmental activities; construction projects, must obtain the consent of the State Council administrative department of cultural relics, urban and rural construction planning department approved by the provincial form, height, volume, tone, etc. should be coordinated with the Dunhuang Mogao Grottoes and the environmental style.
Article 21 The Dunhuang Mogao Grottoes protection and management agencies shall scientifically determine the environmental capacity of Mogao Grottoes tourism, the open caves to take the zoning system or limit the number of tourists.
Article 22 The Dunhuang Mogao Grottoes protection management institutions shall, in accordance with relevant state regulations, establish and improve the management system, equipped with fire prevention, anti-theft, insect-proof, anti-natural damage and other facilities, to ensure the safety of cultural relics, to protect the historical features and natural environment from damage; the use of advanced science and technology, and to strengthen the protection of cultural relics of Dunhuang Mogao Grottoes and the scientific protection of technology research, application.
Article 23 The Dunhuang Mogao Grottoes protection management agency shall, in accordance with the principle of not changing the original state of cultural relics, timely repair and maintenance of cultural relics in Dunhuang Mogao Grottoes. Repair of cultural relics, shall apply for approval procedures in accordance with the law, its design, construction, supervision and so on must be undertaken by the unit that has obtained the certificate of qualification of cultural relics protection project.
Article 24 The Dunhuang Mogao Grottoes protection management organisation shall establish the cultural relics record file and record according to law. Cultural relics in and out of storage, extraction and use, transfer, exchange and borrowing must be in accordance with laws and regulations or relevant provisions of the formalities.
Article 25 The Dunhuang Mogao Grottoes protection management organisation shall enjoy the intellectual property rights stipulated by laws and regulations for the research results of the cultural relics and scientific protection technology of the Dunhuang Mogao Grottoes, as well as for the publications, audio-visual products and other products made from the information provided by it.
Article 26 The production of publications, films, TV dramas (film) and professional video and professional photography need to shoot Dunhuang Mogao Caves cultural relics of units and individuals shall be approved by the State Administration of Cultural Relics, in accordance with the provisions of the payment of fees, in the Dunhuang Mogao Caves under the supervision of the staff of the protection of the management body to carry out filming.
Article 27 Due to special circumstances need to copy the Dunhuang Mogao Caves cultural relics, shall be based on the level of cultural relics, approved by the state cultural relics administrative department or provincial cultural relics administrative department, and supervised by the Dunhuang Mogao Caves protection management institutions.
Article 28 The cultural relics of Dunhuang Mogao Grottoes and the land within the scope of protection of Dunhuang Mogao Grottoes shall not be transferred, mortgaged or gifted, rented or sold, shall not be operated as business assets, and shall not be used for activities not conducive to the protection of cultural relics. Change the Dunhuang Mogao Caves user or use, shall be reported by the provincial people's government for approval by the State Council.
Article 29 The application for units and individuals engaged in business activities within the scope of protection of Dunhuang Mogao Grottoes, shall obtain the prior consent of the Dunhuang Mogao Grottoes protection management organisation, by the relevant departments of the Dunhuang Municipal People's Government for the relevant procedures.
Chapter IV rewards and penalties
Article 30 of the following deeds of units and individuals, by the people's governments at all levels and their administrative departments of cultural relics or Dunhuang Mogao Grottoes protection management institutions to give recognition and reward:
(A) long-term Dunhuang Mogao Grottoes protection and management of outstanding achievements;
(B) in Dunhuang Mogao Grottoes cultural relics and scientific protection technology research, application of outstanding achievements;
(C) and damage, destruction, theft of cultural relics of Dunhuang Mogao Grottoes and other illegal and criminal acts of resolute struggle;
(D) in natural disasters and emergencies in the rescue and protection of cultural relics of Dunhuang Mogao Grottoes merit;
(E) Dunhuang Mogao Caves cultural relics donated to the state, or in the process of Dunhuang Mogao Caves cultural relics returned to the state with outstanding achievements.
Article 31 in the Dunhuang Mogao Caves protection and management of one of the following acts, by the unit or higher authorities responsible for the personnel and other personnel directly responsible for the administrative sanctions according to law, the circumstances are serious dismissal from public service according to law; constitutes a crime, shall be investigated for criminal responsibility:
(A) the abuse of approval authority, do not perform their duties or found illegal acts not investigated and dealt with, resulting in serious consequences or seek personal gain;
(B) caused the Dunhuang Mogao Grottoes cultural relics and important information damage or loss;
(C) borrowing or illegal appropriation of state-owned Dunhuang Mogao Grottoes cultural relics;
(D) embezzlement, misappropriation of funds for the protection of cultural relics.
Violation of the preceding paragraph was dismissed from public office, from the date of dismissal shall not be engaged in the management of cultural relics for 10 years.
Article 32 violation of the provisions of Article 12, Article 16 (a), (b), (c), the circumstances are minor, by the Dunhuang Mogao Grottoes protection management agency shall be warned, ordered to make corrections or restoration of the status quo ante, compensation for damages, and may be sentenced to a fine of more than 50 yuan of 500 yuan; the circumstances are serious, may be sentenced to a fine of more than 500 yuan of 5,000 yuan.
Article 33 violation of the provisions of Article 16 (4), (5), (6) by the Dunhuang Municipal People's Government or by the relevant administrative departments of the Dunhuang Mogao Grottoes according to the views of the protection of the management body shall be warned, ordered to make corrections or restoration of the status quo ante within a specified period of time, compensation for losses, and may be fined in accordance with the law.
Article 34 In the Dunhuang Mogao Caves protection and construction control zone, one of the following acts, by the provincial cultural relics administrative department or by the Dunhuang Municipal People's Government of the cultural relics administrative department in accordance with the views of the provincial cultural relics administrative department, in accordance with the "People's Republic of China Cultural Relics Protection Act" of the relevant provisions of the penalties:
(A) without approval, construction works or blasting, drilling, excavation and other operations;
(B) to carry out construction works, its engineering design programme has not been approved in accordance with the law, the historical features of Dunhuang Mogao Grottoes caused damage;
(C) unauthorised repair of cultural relics, obviously changing the original state of cultural relics;
(D) the construction unit has not obtained the certificate of qualification of heritage protection works, unauthorised repair works of cultural relics;
(E) unauthorised archaeological excavations, investigation, exploration of cultural relics;
(F) the discovery of cultural relics not reported in a timely manner, resulting in the destruction of cultural relics.
Article 35 Whoever violates the provisions of Article 16 (7), (8) and other violations of law and order management shall be punished by the public security organs of Dunhuang City.
Article 36 violation of the provisions of these Regulations, caused by the Dunhuang Mogao Grottoes cultural relics and their environmental pollution, by the Dunhuang Municipal People's Government Environmental Protection Administration shall order a limited period of time and in accordance with relevant laws and regulations shall be punished.
Article 37 violation of the provisions of Article 26 of these Regulations, by the Dunhuang Mogao Grottoes protection management organ ordered to stop filming, confiscate all the cultural relics from the filming of the data, the circumstances are serious, transferred to the public security organs.
Article 38 violation of the provisions of Article 27 of these Regulations, by the provincial heritage administration ordered to stop copying, confiscation of copies, and in accordance with the relevant provisions of the State Council shall be punished; the circumstances are serious, in accordance with the relevant provisions of the State Intellectual Property Protection shall be held legally responsible.
Article 39 Other Dunhuang Mogao Grottoes cultural relics, buildings, structures and their environmental features caused by damage, destruction or pollution of the act, the relevant laws and regulations have been punished, from its provisions.
Chapter V Supplementary Provisions
Article 40 The implementation of these regulations in the application of specific issues, the provincial heritage administration is responsible for the interpretation.
Article 41 These Regulations shall come into force on 1 March 2003.