First, strengthen the construction of cultural relics management institutions and teams. In view of the fact that some areas in our province, especially grass-roots counties (cities, districts), do not have specialized cultural relics management institutions, the second paragraph of Article 3 of the Regulations clearly stipulates: "People's governments at or above the county level should strengthen the construction of cultural relics management institutions and teams, and their cultural relics protection committees are responsible for coordinating and solving major issues related to cultural relics protection", which is unprecedented in history. This provision includes the requirement to establish cultural relics management institutions and cultural relics protection committees, increase the number of personnel, strengthen education and training, and improve the quality and work level of the team, which is of great guiding significance for governments at all levels to effectively perform their duties of cultural relics protection and management.
Two, on the protection of cultural relics expert consultation mechanism. The protection of cultural relics has its own laws and particularities, and it is very professional. Therefore, the "Regulations" specifically increase the content of the expert consultation mechanism, that is, the third paragraph of Article clearly stipulates: "People's governments at or above the county level shall establish an expert consultation mechanism for cultural relics protection." The establishment of an "expert consultation mechanism for cultural relics protection" will help promote the scientific, democratic and legal decision-making and approval activities of the government, and further improve the government's ability to manage cultural relics according to law.
Third, about entrusting law enforcement. At present, the daily management and law enforcement of grassroots cultural relics in our province are undertaken by institutions such as cultural relics management. In view of the present situation of the construction of grass-roots cultural relics management institutions, the regulations clearly stipulate in Article 6 according to Article 19 of the Administrative Punishment Law: "The cultural relics administrative department of the people's government at or above the county level may entrust cultural relics management institutions and other institutions with legal conditions to implement administrative punishment within the statutory authority", and authorize the cultural relics administrative department to entrust law enforcement in the form of regulations, which is of great significance to alleviating the weak force of cultural relics administrative law enforcement.
Four, on the management of immovable cultural relics that have not been approved for publication as cultural relics protection units. There are a large number of immovable cultural relics in our province that have not been approved and announced as cultural relics protection units. Their protection and management is a difficult point in the daily work of cultural relics administrative departments, and laws and regulations also lack corresponding regulations and standards. In order to solve this problem, the first paragraph of Article 8 of the Regulations clearly stipulates that "immovable cultural relics that have not been approved and announced as cultural relics protection units shall be registered and announced by the cultural relics administrative department of the county (city, district) people's government and managed with reference to the cultural relics protection units at the county level". Accordingly, immovable cultural relics registered and announced by the cultural relics administrative department of the county (city, district) people's government without approval as cultural relics protection units are subject to "four haves" work, maintenance and repair, relocation and reconstruction, shooting and utilization, construction approval, and administrative penalties involving cultural relics violations. All of them refer to the regulations applicable to county-level cultural relics protection units and have strong practical operability.
Five, about the underground cultural relics protection zone. In view of the wide distribution of underground cultural relics in our province and the lack of protection basis, the second paragraph of Article 8 of the Regulations clearly stipulates: "The cultural relics administrative department of the people's government at or above the county level shall designate the areas rich in buried cultural relics within its administrative area as underground cultural relics protection areas, report them to the people's government at the same level for approval and promulgation, incorporate them into the overall land use planning and urban and rural planning, and manage them with reference to the cultural relics protection units at the same level." The underground cultural relics protection zone designated by the cultural relics administrative department of the people's government at the same level was approved and promulgated by the people's government at the same level with reference to the management of cultural relics protection units at the same level, and incorporated into the overall land use planning and urban and rural planning, which improved the legal protection level of underground cultural relics protection zones and increased the protection intensity.
Six, about the protection of cultural relics. In order to strengthen the protection of ancient sites, ancient tombs and other field cultural relics, and effectively prevent and crack down on illegal and criminal acts such as excavating and destroying cultural relics, Article 10 of the Regulations clearly stipulates: "For cultural relics protection units that are not managed by specialized institutions, the county (city, district) people's government shall hire one or three cultural relics protection personnel to take charge of the management and pay reasonable remuneration, and the expenses shall be paid from the cultural relics protection funds." This regulation covers all the cultural relics protection units at or above the county level in our province, and it is clear that the county (city, district) people's government is responsible for hiring cultural relics protection personnel, determining the number of cultural relics protection personnel, ensuring the source of funds, effectively solving the problem of difficult field cultural relics protection, and creating a precedent in the national local laws and regulations on cultural relics protection.
Seven, about the use of immovable cultural relics to hold activities and shoot movies, television and advertisements. Immovable cultural relics, especially ancient buildings, are mostly wooden structures, which are old and fragile and easy to corrode and destroy. In order to protect the safety of cultural relics, the natural environment and historical features, Article 23 of the Regulations clearly stipulates: "When holding exhibitions, exhibitions, performances and other activities of immovable cultural relics, the organizer shall prepare cultural relics and environmental protection plans, which shall be reviewed by the corresponding cultural relics administrative department according to the level of cultural relics and reported to the cultural relics administrative department of the people's government at the next higher level for approval"; "The use of immovable cultural relics to shoot movies, television, advertisements and other activities shall be approved by the corresponding cultural relics administrative departments, and pay fees to their management and use units according to regulations. Foreign-related filming activities are carried out in accordance with relevant state regulations. "
Eight, about the shooting and reporting of archaeological excavations. In order to prevent people with ulterior motives and lawless elements from paying too much attention to the archaeological excavation site, Article 30 of the Regulations clearly stipulates: "The media shall obtain the approval of the cultural relics administrative department of the provincial people's government for news reports, live TV broadcasts or special programs on the archaeological excavation site." While strictly managing cultural relics, we sincerely welcome all sectors of society, especially all kinds of media, to actively participate in the publicity and protection of cultural relics.
Nine, about the protection of cultural relics in capital construction. For the protection of cultural relics in capital construction, the regulations adhere to the principle of "cultural relics protection first", and Article 31 clearly stipulates: "Capital construction projects should avoid areas rich in cultural relics on the ground and underground. Before the project establishment and site selection, the construction unit shall solicit the opinions of the administrative department of cultural relics at the same level as the competent department of project examination and approval; Where immovable cultural relics are involved, the construction unit shall determine the protection measures in advance, incorporate them into the feasibility study report or design task book as an important part of the construction project, and report them to the cultural relics administrative department of the people's government at the next higher level for approval according to the cultural relics grade. Without approval, the relevant competent authorities will not approve the project and approve the construction. " This regulation upgraded the provisions in the Notice of Shandong Provincial People's Government on Further Strengthening the Protection of Cultural Relics (Lu Fa [2008] No.93) to local regulations, which were also adopted by the whole country. Article 32 of the Regulations clearly stipulates: "For large-scale capital construction projects covering an area of more than 20,000 square meters or within underground cultural relics protection zones and historical and cultural cities, the construction unit shall report to the cultural relics administrative department of the provincial people's government in advance, organize archaeological investigation and exploration, and if cultural relics are found, the cultural relics administrative department of the provincial people's government and the construction unit shall agree on protection measures." For the first time in China's cultural relics protection laws and regulations, it is stipulated that three situations involving capital construction projects need archaeological investigation and exploration in advance, and they cover linear and sheet construction projects; For important cultural relics found in capital construction that need to be protected in situ, the regulations draw lessons from the successful experience of brother provinces and cities, and clearly stipulate in Article 35: "For important cultural relics found in capital construction projects that need to be protected in situ, the people's government at or above the county level may, after consultation with the construction unit, arrange another land or recover the land use right and refund the paid land transfer fee; Those who cause economic losses to the construction unit shall be compensated according to law, which not only protects the cultural relics, but also safeguards the legitimate rights and interests of the construction unit.
X. About the collection of cultural relics. In view of the fact that the collection of cultural relics is still in a state of spontaneous collection and irregular collection procedures and procedures, Article 41 of the Regulations clearly stipulates: "Unless otherwise stipulated by the state and the province, the collection of cultural relics must be approved by the cultural relics administrative department of the provincial people's government, and within three months after the end of the collection, the collected cultural relics shall be reported to the cultural relics administrative department of the provincial people's government for the record"; Article 42 clearly stipulates: "When collecting cultural relics, a cultural relics collection unit shall sign a contract with the owner or holder of the cultural relics, stating the name, quantity and ownership of the cultural relics collected, and attaching the photos and relevant materials of the cultural relics collected." The above provisions not only ensure the standardization of cultural relics collection by cultural relics collection units, prevent the occurrence of cultural relics collection disputes, but also effectively curb the phenomenon of illegal acquisition and reselling of cultural relics by criminals under the banner of cultural relics collection.
Eleven, on the supervision of commodity management. At present, the collection of cultural relics has attracted the attention of the whole society. In order to standardize the circulation order of folk cultural relics and ensure that state-owned cultural relics are not lost, Article 49 of the Regulations clearly stipulates: "Pawnshops, auction companies, cultural markets, second-hand goods markets, art markets and other units or places shall apply to the cultural relics administrative department of the county (city, district) people's government for approval"; Article 50 clearly stipulates: "The cultural relics administrative department of the people's government at or above the county level shall establish a patrol system; When necessary, you can send personnel to the market to conduct on-site supervision of suspected cultural relics purchase and sale activities. " These regulations are the first time in the local laws and regulations on the protection of cultural relics, which are conducive to effective supervision of places and activities that may involve illegal trading of cultural relics and timely and accurately crack down on illegal trading of cultural relics.
Twelve, about the transfer of cultural relics involved. In view of the legal gap in the time limit for the transfer of cultural relics involved, Article 63 of the Regulations clearly stipulates: "People's courts, people's procuratorates, public security organs, customs, and administrative departments for industry and commerce shall register the recovered cultural relics involved, properly keep them, and return them to their original owners or hand them over to the cultural relics administrative departments at the same level free of charge within 30 days after closing the case; Those who refuse to return or hand over on time shall be punished by the competent department or the supervisory organ according to law. " This is of great significance for standardizing the transfer of cultural relics involved, promoting law enforcement departments and judicial organs to perform their duties of cultural relics protection according to law, and protecting the safety of cultural relics and the ownership of citizens' private property.
Thirteen, on the management of cultural relics protection units. State-owned museums and archaeological excavations, as institutions affiliated to the cultural relics administrative department, undertake a lot of daily cultural relics protection work, and the standardization of their work directly affects whether the foundation of cultural relics in our province is solid and long-term development. Therefore, the "Regulations" take the work of the above-mentioned cultural relics units as the focus of adjustment and standardization. The second paragraph of Article 26 of the Regulations clearly stipulates that "archaeological investigation and exploration shall be approved by the cultural relics administrative department of the provincial people's government". On the one hand, it can strengthen the management of archaeological investigation and exploration, standardize working procedures and strengthen supervision. On the other hand, it is conducive to comprehensively grasping the archaeological investigation and exploration work carried out by the cultural relics administrative departments and archaeological excavation units at all levels in the province in cooperation with the project, timely discovering and investigating illegal acts, and strengthening the protection of cultural relics in the field of capital construction. The second paragraph of Article 37 of the Regulations clearly stipulates that "cultural relics collection units shall gradually build a digital information database of cultural relics collection". Accordingly, our province will gradually establish digital archives of all precious and general cultural relics in the province, find out the base of cultural relics in the collection, realize paperless and information management, and greatly improve the management level of cultural relics in the collection.
Fourteen, on the punishment of some serious violations. In order to enhance the operability of the regulations, make the logical relationship of the whole regulations more rigorous, and give better play to its guiding, educating and deterrent functions, the chapter on legal responsibility clearly stipulates the corresponding legal responsibilities for violating mandatory and prohibitive clauses in the first six chapters, which is the most comprehensive local regulations on cultural relics protection in China.
Article 52 of the "Regulations" clearly stipulates: "Anyone who violates the provisions of this Ordinance and commits any of the following acts shall be ordered by the cultural relics administrative department of the people's government at or above the county level to make corrections and be fined not less than 50,000 yuan but not more than 200,000 yuan; Causing serious consequences such as damage to cultural relics, a fine of two hundred thousand yuan and one million yuan shall be imposed:
(a) without consulting the administrative department of cultural relics, carrying out capital construction projects in areas rich in cultural relics on the ground and underground;
(two) without archaeological investigation and exploration, unauthorized large-scale capital construction projects covering an area of more than 20 thousand square meters, or construction projects in underground cultural relics protection areas and historical and cultural cities.
Article 53 clearly stipulates: "Anyone who violates the provisions of these regulations and commits any of the following acts shall be ordered by the cultural relics administrative department of the people's government at or above the county level to make corrections within a time limit; If it fails to make corrections within the time limit or causes serious consequences, it shall be fined between 50,000 yuan and 500,000 yuan:
(a) cultural relics protection units and immovable cultural relics management and use units refuse to take effective measures to ensure the safety of cultural relics, or destroy the natural environment and historical features of cultural relics;
(two) in the scope of protection of cultural relics protection units, unauthorized installation of outdoor advertising facilities or planting, transplanting trees and building structures;
(three) to build artificial scenic spots or store inflammable, explosive, toxic and corrosive items that endanger the safety of cultural relics within the protection scope of cultural relics protection units;
(four) found in the construction and production activities of cultural relics, do not immediately stop the construction and production, resulting in damage to cultural relics;
(five) the construction and construction units refused to cooperate or hinder the archaeological investigation, exploration and excavation;
(six) the construction unit refused to pay the fees for archaeological investigation, exploration and excavation;
(seven) the construction unit to carry out capital construction projects involving immovable cultural relics, cultural relics protection measures have not been determined in advance, or the protection measures determined in advance have not been submitted for approval;
(eight) unauthorized use of immovable cultural relics to hold exhibitions, exhibitions, performances or filming movies, television, advertisements and other activities;
(nine) unauthorized news reports, live television or special programs on the archaeological excavation site.
If the violator specified in the preceding paragraph is a state functionary, the responsible person in charge and other persons directly responsible shall be punished according to law.
Article 54 clearly stipulates: "Whoever, in violation of the provisions of these Regulations, arbitrarily changes the approved repair scheme, engineering design and construction scheme, repairs, removes or reconstructs cultural relics protection units, shall be ordered by the cultural relics administrative department of the people's government at or above the county level to make corrections; Causing serious consequences, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; If the circumstances are serious, the qualification certificate shall be revoked by the original issuing authority.
The above-mentioned provisions have fundamentally changed the situation that law enforcement officers could not follow when dealing with illegal acts in the past.
Fifteen, about the legal responsibility of state functionaries. In order to enable the relevant government departments and their staff to perform their duties of cultural relics protection according to law, standardize their own administrative actions and implement the responsibility system for law enforcement, the regulations stipulate that state staff should bear corresponding legal responsibilities for acts of abuse of power, dereliction of duty and malpractice for personal gain. The second paragraph of Article 53 of the Regulations clearly stipulates: "If the violator specified in the preceding paragraph is a state employee, the responsible person in charge and other directly responsible personnel shall be punished according to law"; Article 61 clearly stipulates: "In violation of the provisions of this Ordinance, the relevant departments of development and reform, land and resources, housing and urban and rural construction, planning and their staff members have not sought the opinions of the corresponding cultural relics administrative departments, or approved the construction projects without the consent of the cultural relics administrative departments, the competent departments or supervisory organs shall order them to make corrections, and the responsible persons in charge and other directly responsible personnel shall be punished according to law"; Article 62 clearly stipulates: "Whoever, in violation of the provisions of these Regulations, arbitrarily changes the administrative affiliation of cultural relics protection units shall be ordered by the people's government at a higher level to make corrections, and the responsible person in charge and other directly responsible personnel shall be punished according to law"; Article 64 clearly stipulates: "If the administrative department of cultural relics and its staff violate the provisions of these regulations, abuse their powers, neglect their duties or engage in malpractices for personal gain, the responsible person in charge and other directly responsible personnel shall be punished according to law; If it constitutes a crime, criminal responsibility shall be investigated according to law. "