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In the first major update to its cultural relics protection laws in over two decades, China has introduced tougher penalties, stricter oversight, and placed primary responsibility for preservation on local governments.
The updates, which took effect March 1, raise maximum fines for damage from 500,000 yuan to 10 million yuan ($70,000 to $1.4 million), mandate archaeological assessments before any construction projects, and remove the statute of limitations on reclaiming looted artifacts.
It also tightens tourism regulations to curb over-commercialization and strengthens safeguards for unclassified relics, underscoring the government’s push to curb heritage loss amid rapid development.
The updated Cultural Relics Protection Law was passed by the National People’s Congress (NPC), China’s highest legislative body, last November and took effect just days before China’s Two Sessions, the country’s most important annual political meetings, are due to begin on March 4.
Cultural heritage protection is expected to be a key topic at this year’s Two Sessions. Li Junhu, a Chinese People’s Political Consultative Conference (CPPCC) member and writer from the northern Shanxi province, plans to push for clearer public disclosure of cultural site opening hours and accessibility standards to prevent overcrowding.
Another CPPCC member, Yuan Jinglian, intends to propose accelerating the digital transformation of cultural heritage preservation.
Beyond policy discussion, a key focus of the updated law is the protection of immovable cultural relics, which, according to the National Cultural Heritage Administration, include sites that cannot be relocated due to their historical or structural significance. These range from ancient tombs and historic buildings to grotto temples, stone carvings, and murals.
China’s most recent national cultural relics census, conducted in 2011, recorded nearly 770,000 immovable cultural relics. Of these, 17.7% were in poor condition, and about 44,000 sites had been demolished, primarily due to urban expansion and infrastructure projects.
The update places primary responsibility for protecting cultural relics on local governments, according to Wang Yunxia, director of the Institute of Cultural Heritage Law at Renmin University of China.
“On one hand, the law requires the government to strengthen digital and real-time management of state-owned cultural relics. On the other, it clearly outlines specific measures for protecting immovable relics,” Wang told business media outlet Caixin.
The law also introduces two key restrictions: local governments cannot transfer or allocate land, and companies cannot begin large-scale construction projects before an archaeological investigation is conducted.
“It’s similar to how we now require environmental impact assessments before construction — evaluating first ensures developers don’t run into unexpected issues later,” said Gao Kaixian, a National People’s Congress deputy, during the 2023 review of the draft law, according to Caixin.
The revised law also introduces stricter penalties for serious violations. The maximum fine for damaging cultural relics has been increased to 10 million yuan. Punishments may also include downgrading or revoking relevant qualifications.
The adjustment aims to address longstanding criticism of weak enforcement and disproportionate penalties. In December 2011, the former Beijing residence of Liang Sicheng and Lin Huiyin, a scholar couple known for their pioneering work in documenting and preserving China’s ancient architecture, was illegally demolished.
The construction company responsible was fined 500,000 yuan — the maximum penalty at the time — sparking public backlash that the punishment was too lenient to deter future violations.
The new law tightened tourism regulations to prevent rampant commercialization. State-owned cultural relics designated as tourist sites cannot be transferred to corporate control.
During Chinese New Year 2021, a fire in Wengding Ancient Village, in the southwestern Yunnan province, destroyed more than 100 thatched houses in a 400-year-old Wa ethnic settlement, once known as “China’s last primitive tribe.” The incident fueled debate over the risks of excessive tourism development.
It also removes the statute of limitations on reclaiming illegally lost cultural relics, a move aimed at strengthening international efforts to recover looted artifacts. It further introduces detailed regulations on cultural relic surveys, underground preservation zones, and underwater heritage sites.
“The revised Cultural Relics Protection Law enforces the strictest regulations and the most rigorous legal framework to safeguard cultural heritage, making its protection an unchallenged national commitment,” the National Cultural Heritage Administration’s interpretation said.
Editor: Apurva.
(Header image: A view of the Nanhaiwei Wall site in Dongguan, Guangdong province, October 2023. Xinhua)
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