I. National Cultural Heritage Administration's functions and powers
National Cultural Heritage Administration, as a directly affiliated institution of the State Council, is mainly responsible for the national cultural relics management. Its functions include, but are not limited to, formulating plans and policies for the development of cultural relics, guiding, coordinating and supervising the national cultural relics protection work, and examining and reporting national key cultural relics protection units and world cultural heritage. These functions make National Cultural Heritage Administration have high authority and influence in the protection and management of cultural relics.
Specifically, National Cultural Heritage Administration has the right to formulate and implement laws, regulations and policies for the protection of cultural relics, and supervise the investigation, excavation, protection, utilization and management of cultural relics. National Cultural Heritage Administration has the right to investigate and deal with violations of laws and regulations on the protection of cultural relics, and investigate the legal responsibilities of relevant responsible persons according to law. In addition, National Cultural Heritage Administration is also responsible for coordinating and handling major incidents and disputes involving cultural relics, and safeguarding the national cultural relics security and interests.
Second, the legal basis of power in National Cultural Heritage Administration
National Cultural Heritage Administration's power comes from the authorization of relevant laws and regulations. The Law of People's Republic of China (PRC) on the Protection of Cultural Relics is an important law that regulates the protection and management of cultural relics, and defines the status and authority of National Cultural Heritage Administration. According to this law, National Cultural Heritage Administration is responsible for the management of cultural relics throughout the country, formulating laws, regulations and policies for the protection of cultural relics, and guiding, coordinating and supervising the protection of cultural relics throughout the country.
In addition, the "Regulations on the Implementation of the Cultural Relics Protection Law of People's Republic of China (PRC)" and other administrative regulations and departmental rules also stipulate National Cultural Heritage Administration's responsibilities and powers. These laws and regulations provide a solid legal guarantee for National Cultural Heritage Administration to exercise his power.
To sum up:
National Cultural Heritage Administration has extensive rights and responsibilities in the protection and management of cultural relics, and its rights can be reflected through functions and laws. National Cultural Heritage Administration supervises the investigation, excavation, protection, utilization and management of cultural relics by formulating and implementing laws, regulations and policies for the protection of cultural relics, and safeguards the security and interests of national cultural relics. At the same time, relevant laws and regulations also provide legal protection for National Cultural Heritage Administration to exercise his power.
Legal basis:
law of the peoples republic of china on protection of cultural relics
Article 7 provides that:
All organs, organizations and individuals have the obligation to protect cultural relics according to law.
law of the peoples republic of china on protection of cultural relics
Article 8 provides that:
The State Council cultural relics administrative department is in charge of national cultural relics protection. Local people's governments at all levels are responsible for the protection of cultural relics within their respective administrative areas. Other relevant departments of the people's governments at or above the county level shall be responsible for the protection of cultural relics within their respective functions and duties.
Regulations on the Implementation of People's Republic of China (PRC) Cultural Relics Protection Law
Article 4 provides that:
The policy of giving priority to protection, giving priority to rescue, rational utilization and strengthening management is implemented in cultural relics work.