Recommendations on Implementation of Further Strengthening the Protection of Cultural Relics in Jingan District

Released on:2018-04-28

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With a view to carrying out in depth the spirit of the 19th Party Congress and conscientiously implementing the important directives and instructions of General Secretary Xi Jinping and Premier Li Keqiang on the work of cultural relics, as well as of the spirit of the National Cultural Relics Work Conference and the Shanghai Cultural Relics Work Conference, and to further improving the protection and management of cultural relics in this District, and strengthening the sense of responsibility of the relevant departments and personnel, improving the awareness of cultural relics protection in the whole society and giving full play to the important role of cultural relic resources in inheriting and carrying forward the excellent traditional Chinese culture and building the "international Jingan, land of dream realizing", this implementation plan is hereby formulated according to the Law of the People's Republic of China on the Protection of Cultural Relics, the Regulations of the People's Republic of China on Implementation of Cultural Relics Protection Law and the Regulations of Shanghai Municipal on Protection of Cultural Relics and other relevant laws and regulations, and according to the spirit of such documents as the State Cultural Relics Bureau's Notice on Further Strengthening the Basic Work of Immovable Cultural Relics (CRPL[2015] No. 1746), the State Council's Guideline on Further Strengthening the Cultural Relics Work (SC G [2016] No.17) and Shanghai Municipal People's Government's Recommendations on Implementation of Further Strengthening the Cultural Relics Work (SMPG G[2017] No.31) and Shanghai Municipal Cultural Relics Bureau's Letter on Division of Responsibilities for Carrying out the Recommendations of Shanghai Municipal People's Government on Implementation of Further Strengthening the Cultural Relics Work.

I. Basic Principles

    Adhere to the policy of "taking protection primary and rescue first, making rational use and strengthening management" on cultural relics work, scientifically protect the authenticity and integrity of the immovable cultural relics according to law, correctly handle the relationship between economic and social development and cultural relic protection, and achieve the combination of cultural relics protection and development and utilization.

II. Work Objectives

By 2020, the cultural relics undertakings shall further play an important role in inheriting Chinese excellent traditional culture, carrying forward the core values of socialism, promoting the "going out" of the Chinese excellent culture, improving the national quality and social civilization, building an international cultural metropolis, and making an "international Jingan, land of dream realizing".

1. The basic information sharing of cultural relics, the situation of non movable cultural relics and movable cultural relic resources, the state key cultural relic protection units and municipal relic protection units are well preserved, and the number of cultural relic protection units at all levels has increased. The protection of cultural relics, environmental protection and security techniques are 100% standards, and the risk of major cultural relics is 100%, and the preservation of cultural relic protection units and cultural relics is obviously improved.

2. The urban district system of museums with reasonable layout, perfect functions, distinctive features and optimized structure is basically formed, and the function of public culture service and the role of social education are more obvious.

    3. The relevant system of heritage preservation is perfected, the theoretical framework of heritage protection basically established, and the industry standard system and credit system basically formed.

    4. The utilization efficiency of the collection of cultural relics is obviously improved, the innovative breakthrough achieved in the means and forms of the display and use of cultural relics,  and the preventive protection of the collection of cultural relics further strengthened; the cultural creative industry continues to develop, and a perfect system of research and development, production and marketing of cultural creative products is basically established.

    5. The structure of talent team in the cultural relics industry is constantly optimized and the professional level significantly improved.

    6. The law enforcement supervision system for cultural relics is basically established, the law enforcement force strengthened, the safety responsibility system more amplified, and the security situation obviously improved.

    7. The pattern of broad participation of social forces in the protection and utilization of cultural relics is basically formed, the achievements of cultural relics protection are more beneficial to the masses of the people, the role of cultural relics resources promoting economic and social development is further enhanced and the role of the cultural exchanges between China and foreign countries further promoted. 

    III. Performance of Responsibility

    (1) Carrying out the responsibility of the government

    The members of the district cultural relics management committee shall conscientiously fulfill the relevant responsibility for the protection of cultural relics, and the district cultural bureau, as the competent department of cultural relics in this District, shall perform the responsibility of the main body of cultural relics protection, and put the work of cultural relics on the important agenda as an important reference for the comprehensive assessment and evaluation of the leading groups and leading cadres. The responsibility assessment mechanism for cultural relics protection shall be established and improved, and an annual inspection and evaluation of the preservation status of cultural relics within the jurisdiction shall be conducted, and any problems, if found out, shall be rectified in a timely manner.

     (2) Intensifying the responsibilities of the competent department

     Optimize the institution staffing and support the departments of cultural relics protection in performing their duties according to law. Further transform the functions of the government, deepen the reform of the administrative examination and approval system, give more effort to streamlining administration and delegating power to lower levels, and increase the supervision afterwards.

    (3) Strengthening the departmental coordination

    Establish a coordination mechanism for cultural relics work led by the heads of departments, and all relevant departments and units shall conscientiously fulfill their duties of protecting cultural relics according to law. In the relevant administrative licensing and administrative examination and approval projects, the departments of reform and development, finance, housing management, construction and management, planning and land, and cultural relics shall strengthen coordination and cooperation. Establish the joint administrative law enforcement mechanism with participation of departments and units of cultural relics, public security, housing management, construction management, planning and land, environmental protection, market supervision, tourism and religion, and carry out joint inspection and rectification action in time on main problems. The departments and units of public security, market supervision and cultural relics shall maintain the high pressure attitude to illegal and criminal activities of cultural relics such as theft, illegal excavation or salvage, smuggling, illegal sale and fraud, and improve the long-term mechanism of strict prevention and control, severe crack-down and punishment. The cultural relics in a case, not subject to reference to other judicial organs, shall be handed over to the cultural relics department in time after the conclusion of the case. Strengthen the link between the cultural relics administrative law enforcement and criminal justice, and establish a system of case notification and case reference between the public security and judicial organs.

IV. More Efforts for Protection

(1) Strengthening the basic work of cultural relic protection

Actively carry out the eighth recommendation of the national key heritage protection units, sort out the immovable cultural relics with high values to be recommended as the municipal heritage protection unit, or to be published as the district heritage protection units and points. The scope and control zone of the district level heritage protection units shall be delineated and approved by the municipal and district governments and be open to the public through the government information platform and subject to the social supervision. Explore the mechanisms of upgrading, demotion or revocation of immovable heritage and the withdrawal of cultural relics collected by museums. Fully implement the "four aspects" work of the district level heritage protection units, complete the compilation of archives, and set up the protection marks.

(2) Strengthening the protection of immovable heritage

Complete the entire work of cultural relics census sites sorting, make registration and publication according to law, and put the sites into the protection list. In order to meet the 100th anniversary of Party construction, strengthen the protection of the historical records of the revolution, compile the plan for the protection of the revolutionary historical sites in the whole district, expropriate and repair the major revolutionary historical sites, and open up to the public. Carry out timely rescue protection of all-level cultural relics protection units with major risks. Pay attention to annual repairs, reduce overhaul and prevent damage caused by improper maintenance.  Related district enterprises with direct management of public housing shall effectively fulfill the main responsibility for the relevant cultural relics protection in public housing, and further strengthen the protection of cultural relics.

(3) Strengthening the heritage protection in urban renewal construction

Attach great importance to the preservation of heritage in urban renewal, and establish a new idea of urban organic renewal mainly with preservation. Strengthen the protection of overall pattern of the historical and cultural famous street and the historical features area, retain the urban cultural context, and prevent the constructive destruction, such as "dismantling the real and building the fake" and "demolishing the old and erecting the new". Construction projects involving the construction control zones at cultural relics protection units at all levels shall strictly follow the relevant regulations under the provisions of laws and regulations for the protection of cultural relics to go through relevant formalities and no immovable heritage shall be removed or dismantled without authorization. If in real need of removing or dismantling due to a construction project, the relevant formalities shall be handled in strict accordance with the provisions of the laws and regulations on the protection of cultural relics. and the survey, prospecting, excavation and heritage protection in the capital construction shall be done well with good cooperation and timeliness. Carry out the State's requirements for compensation for heritage protection, and determine the contents of compensation objects and subsidies according to law. Explore the feasibility of social forces participating in the preservation of heritage. By means of using public welfare funds and other platforms and making social collection, raise funds and solve the problem of fund subsidy for protection and maintenance of immovable heritage with private ownership, so that the owners and users of the heritage can better fulfill their protection obligations. Study and make emergency work mechanisms of rescue protection, and conduct the rescue protection of immovable heritage with historic values in the old area transformation and land reserve work.

(4) Strengthening the planning making and implementation of heritage protection

As required by "integration of multi regulations", bring the relevant contents of heritage protection planning into the planning management. Under the guidance of the State Administration of Cultural Relics and Shanghai Municipal Cultural Relics Bureau, make overall coordination of the preparation of the protection plan for heritage protection units at all levels. The district-level heritage protection units shall have preparation made jointly by the district cultural bureau and the district planning and land administration, subject to approval of the district people’s government; the preparation of the municipal heritage protection units shall be made jointly by the Municipal Cultural Relics Bureau and the municipal planning and land administration, subject to approval of the Municipal People's Government. The protection plan for the national key heritage protection units shall be subjected to examination and approval by the Municipal Cultural Relics Bureau and the State Administration of Cultural Relics before being promulgated for implementation. Strive to complete the protection planning making and examination of all key heritage protection units and historical and cultural streets in this District during the "13th Five-Year" period.

(5) Strengthening the protection and management of movable cultural relics

Strengthen the registration and archiving of the museum collection and the safety management of the storeroom, improve the management system for the preservation of cultural relics in museums, and establish a special inspection mechanism for the preservation and management of the museum collection in the whole district. Step up the noumenal protection of the cultural relics in museums, classify and establish the library of restored precious cultural relics in this District, rescue and repair the endangered precious cultural relics in time, and focus on the protection and restoration of the revolutionary relics. Make planning for the collection and appraisal of cultural relics in the museum, widen the channel for collection and donation of cultural relics, make more effort to collect the revolutionary relics, anti-Japanese war relics, industrial relics and important objects which reflect the economic and social development and changes of the district, and perfect the collection system.

    (6) Strengthening the safety protection of cultural relics

Carry out the heritage safety project, implement Ten Provisions on Fire Safety Management of Heritage Architecture and Instructions to Electrical Fire Protection for Heritage Architecture, improve the fire protection, anti-theft and anti-destruction of heritage architecture, and effectively reduce the security risk of heritage protection units. Fix the main responsibility of the heritage management unit. Strengthen the safety management of heritage at the grass-roots level, improve the three-level heritage safety management network of district, sub-district (town) and community, gradually ascertain the responsibility for heritage safety; improve the system of heritage protectors, promote the government purchase of heritage protection service, and ascertain the unit or person held responsible for heritage safety one by one.

(7) Formulating policies and measures to encourage social participation in the protection of cultural relics

    Guide and support the masses of citizens to make self-governing organizations to protect and manage the immovable heritages that have not yet been approved and published as heritage protection units in the region. Formulate feasible policies and measures to encourage the donation of cultural relics to the State and the donation of funds into the cultural relics protection. In respect to district-level heritage protection units and points protected and renovated with voluntary investment by social forces, the right to use for a certain period may be granted under the premise of no change of current ownership according to law. Cultivate social organizations with the purpose of cultural relics protection and give play to the role of volunteers in cultural relics protection. Encourage non-government legal collection of cultural relics and support the development of non-state museums. The formulation of a public policy on cultural relics shall  have opinions sought from experts, scholars, social organizations and the public, so as to improve the public participation and form a new pattern for the protection of cultural relics in the whole society.

    V. Expansion and Utilization

    (1) Serving the nurturing and promoting of the socialist core values.

Dig and study in depth the connotation of cultural relics values, give full play to the unique role of cultural relics in carrying forward Chinese excellent traditional culture, leading the social civilization, and shaping the core values of socialism, and introduce a number of exhibitions and publications which have distinct educational functions and highlight the core values of socialism. Promote the excavation project of the "birthplace of the Party" and do a good job of the value excavation, exhibition, publicity and education of the revolutionary relics in line with major events, and carry out the museum youth education promotion project, establish a wide library-school cooperation mechanism, encourage schools to organize students to carry out learning practice in museums, and promote the effective link between the museum youth education and school education.

(2) Serving the safeguarding of the basic cultural rights and interests of the people.

Improve the public cultural service function of heritage protection units and museums, and expand the coverage of public cultural services. Make efforts to promote the construction of museum infrastructure, optimize the regional layout structure, and continuously promote the construction of Jingan museum area. Promote the transformation of museums from quantity to quality, improve the performance evaluation system of museum operation, explore to establish the system of museum information disclosure and annual report, and strengthen cooperation with municipal museums to improve the quality of display and exhibition and to improve the standards of public services and effectively improve the overall level of museums in this District. Further improve the efficiency of the use of cultural relics resources, establish an exhibition exchange platform for museums throughout the district, strengthen the promotion and distribution of excellent resources, and promote the sharing and exchange of collection resources and exhibitions. Strengthen the integration with modern technology, strengthen the opening and sharing of cultural relics information resources, expand the ways of displaying and utilizing cultural relics, and enrich the supply of cultural and museum products.

Improve the level of display and utilization of various museums, broaden the use way of modern and contemporary cultural relics, and promote administrative organs, enterprises and institutions, where conditions permit, to open the heritage protection units under their management and use on a regular basis or in part to the public. Energetically carry out the project of improving the excellent traditional cultural accomplishment of citizens, hold the citizens' cultural festival activities with social participation and citizens' sharing, hold various kinds of rich and colorful activities to carry forward the traditional cultural and creative activities, let the traditional culture enter into the citizens' life, increase the citizens' sense of gaining the traditional cultural achievement, and strive to create the urban atmosphere of excellent traditional culture.

(3) Serving the promotion of economic and social development

Give full play to the role of heritage resources in cultural heritage, enrich the cultural connotation of urban areas, highlight regional cultural characteristics, and optimize the humanistic environment of communities. Strengthen the integration of heritage and tourism, culture and commerce, and further implement the projects such as cultural and museum resources "entering the business circle", "entering the building", "entering the subway", "entering the community" and so on, to form an interactive effect and promote the building of the cultural atmosphere in the region. Give play to the role of cultural relics in the tourism industry, cultivate the theme routes such as urban culture experience tourism and red tourism with heritage protection units and museums as the support, give play to the leisure tourism functions of heritages, and lift the cultural connotations of the tourist routes. Exercise the combination of diversified protection modes for the heritage architecture on the historical and cultural streets and in historical features areas to achieve the unity of the preservation and continuation of the use of heritage and the improvement of the living conditions. Effectively strengthen the standardized management of the identification of cultural relics in the cultural relics market, and actively promote the healthy development of the cultural relics auction market.

(4) Energetically developing the cultural creative industry

Excavate in depth the value connotation and cultural elements of cultural relic resources, pay more attention to practicality, reflect more vitality, extend the chain of cultural derivatives, further expand the industrial development space, further mobilize the enthusiasm of museums to exploit the collection resources to develop creative products, expand the guidance of cultural consumption and cultivate a new culture industry state. Steadily promote the pilot development of cultural units in this District, and explore the development mode, income distribution and incentive mechanism on the principle of "pilot advance and step by step", and further mobilize the enthusiasm of cultural units to use resources to develop creative products. Encourage mass innovation and crowd-funding, take the cultural units and cultural and creative design enterprises as the main body, develop the original cultural products and derivatives, create cultural and creative brands, and cultivate a batch of new market subjects of cultural and creative development. Strengthen the combing and sharing of cultural relics, use all kinds of existing cultural relics resources to jointly build and share the platform, dig in depth the value connotation and cultural elements of cultural relic resources, provide intellectual property licensing services to society, and improve the design and development ability of the cultural and creative product. Carry out the action plan of the "Internet plus Chinese civilization", activate cultural relics and enrich the spiritual and cultural life of the masses of the people and the young people in particular through the market with cultural units and backbone enterprises as the leading.

(5) Reasonable and appropriate use

    The use of cultural relics shall be based on the protection of cultural relics, for the purpose of serving the public, with display of the historical and cultural values of cultural relics as orientation   and no violation of the law and social morality as the bottom line. Heritage scenic spots shall have the tourist capacity determined reasonably. State owned movable cultural relics shall not be transferred or mortgaged, and shall not be operated as assets of enterprises. No state-owned heritage protection unit and its management agency as a place for sightseeing shall be handed over in whole to an enterprise for management.

    VI. Strict Law Enforcement of Cultural Relics

    (1) Improving the protection system of cultural relics

   Publish and improve the protection system of cultural relics in the region according to the Regulations of Shanghai Municipality on the Protection of Cultural Relics and the relevant supporting regulations and documents so that there are laws and rules for the relevant work in the protection of cultural relics in the region to follow.

(2) Strengthening the law enforcement of cultural relics and ascertain law enforcement responsibilities

    Strengthen law enforcement supervision power of law enforcement departments in the district cultural market. Reinforce prevention and control measures, intensify law enforcement inspections and stop illegal activities in a timely manner. Establish mechanisms for case grading management, emergency response and official supervision, and build a platform for cultural relics law enforcement cooperation.

    (3) Strict liability investigation

    In case of failure to perform duties, mistakes in decision-making and dereliction of duty causing the destruction, theft or fire of cultural relics, the relevant persons shall be investigated for responsibility according to law and discipline, and the crime suspect shall be referred to the judicial organ. In case of loss of precious cultural relics or damage to a heritage protection unit, the actual liability person, the person responsible for the unit, the person in charge of the higher level unit and the person in charge of the local government shall be investigated for responsibility according to law. Establish a lifelong accountability system for the protection of cultural relics, the leading cadres held responsible, no matter whether they have been transferred, promoted or retired, shall be seriously investigated for responsibility. Establish and improve the quality responsibility system of survey, design, construction, supervision and technical review of cultural relics protection projects, and for major losses caused to cultural relics and state property in violation of national laws and regulations and related technical standards, the relevant units and persons shall be investigated for responsibility according to law.

(4) Increasing the law popularization

    It is necessary to incorporate the learning and publicity of heritage protection law into educational planning and the training and teaching contents of relevant cadres and new recruits. Cultural relics, news and publicity departments shall take the initiative to do a good job in publicizing and popularizing the law on cultural relics protection. Implement the law popularization responsibility system of "the law enforcer popularizes the law". The cultural relics department shall make unremitting efforts to promote the publicity and popularization of the cultural relic protection law as an important task, effectively improve all the people's awareness of protection of cultural relics and their consciousness of observing the law of cultural relics protection. Carry out a variety of forms of legal education activities. Establish and improve the law-abiding credit records of relevant enterprises and institutions of cultural relics and museums,  and improve mechanisms of praising the honesty and compliance with the law and punishing the law breaking and dishonesty.

    VII. Improvement of Safeguard Measures

    (1) Guaranteeing funds input

    Increase input in the guarantee funds of heritage responsibility units, bring the state-owned immovable heritage that has not yet been approved and published as a heritage protection unit into the category of basic public cultural services, and actively guide and encourage the participation of social forces, take several measures simultaneously, ensure the input of protection funds, explore the financial support methods for the area of intensive heritage resources, give policy tilt  in the aspects of land replacement, volume rate compensation and so on, strengthen the management of funds performance and audit supervision, and improve the use efficiency of funds. Vigorously promote the mode of government and social capital cooperation (PPP) and broaden the channels for social capital to enter the protection and utilization of cultural relics.

(2) Paying attention to the training of talents

As required by the construction of Shanghai international metropolis for the building of a cultural relics talent team, in order to make perfect the system, improve the quality and optimize the structure, form a talent team with structural optimization, reasonable layout and basic adaptation to the development of cultural relics to ensure the development of cultural relics undertakings. Strengthen the cooperation with institutions of higher learning and scientific research institutes, train talented people in culture and heritage, implement the linkage strategy of protection projects and talent training, and accelerate the cultivation of talents sought-after in protective repairs of heritage architecture, protective restoration of cultural relics and the exhibition planning. Pay attention to the excavation, protection and inheritance of traditional skills. Establish and improve the personnel systems in the cultural and museum industry, and appropriately increase the proportion of senior professional and technical personnel in the district culture units and museums

    (3) Strengthening the support of science and technology

Give full play to the leading role of scientific and technological innovation and make full use of modern information technology to promote the integration and innovation of cultural relics protection and modern technology. Guide and encourage social participation and input, and promote the integration of cultural relics museum undertaking and education, and of science and technology. Implement the education program of the "Internet plus Chinese civilization" action plan.

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