Perfecting Perspective of International Law of Conservation of new ideas

[Abstract] Recognizing the common heritage in shaping the identity of identity and belonging play an important role in the process, and protection of heritage is reflected on the state, the nation's respect for history and tradition, more and more countries committed to the establishment effective mechanism for protection of cultural relics, which is for China, a rich heritage and history and reality in serious loss of national heritage is pArticularly important. This paper put forward on improving the protection of cultural relics in China some ideas, such as heritage conservation should be established incentive mechanisms that regulate the collection and auction of cultural relics, Artifacts liberal export policy implementation, promote the conservation of public Education and public pArticipation in heritage conservation areas and to strengthen international exchanges and cooperation.

[Keywords:] China Conservation perfect strategy
Reflects the heritage of a country, nation or group achievements, values ​​and beliefs, in shaping the common sense of identity and belonging play an important role in the process. Protection of heritage is a national, ethnic history and tradition of respect and carry forward the tradition of the needs of national culture is an important manifestation of human civilization and progress. Therefore, the establishment of cultural relics protection mechanism to stop the illegal circulation of cultural objects, is pArticularly important and reasonable that the. has five thousand years of splendid history and culture rich in China heritage resources, China's historical relics heArtbreaking loss, the reality of the illicit circulation of people worrying. protection of the existing heritage, and curb the illicit circulation of cultural objects is a need for further concern. The new century, China should be the protection of cultural relics make a difference. learning from international experience and improve China's cultural relics protection system, adhere to the field of heritage conservation and international exchange of domestic parallel, should be the future trend of development.

First, establish incentives for conservation
(I encourage the newly discovered cultural relics handed over
According to China in 2002 <<Conservation Law "> the provisions of that heritage and timely reported or handed over, the relics are protected by the state to give" moral encouragement or material reward "[1]. Even though the Law clearly provides for active hand in artifacts were found in the material rewards, but in most cases this award only "nominal" or "symbolic" and can not inspire a positive turn in the discoverer of heritage. In some countries, such as Korea, under the Law must also be found in artifacts reported to the relevant authority. for compensation, as the discoverer of the relics found in the ownership may be. If it is found to be state-owned land, the amount of compensation that people get is half of heritage value, if the land is private property, the land owner and found that half of the heritage value of each for the amount of compensation. According to the Korean experience, some scholars believe that "the Government for compensation for the higher price that person is to prevent smuggling and illegal trade in the best way." [2] To encourage handed newly discovered artifacts, through the incentive mechanism should be in good faith to the heritage of the discoverer to pay a reasonable cash compensation. Although the compensation is not necessarily the same as the market price of that heritage, but if the incentives granted by the government near the heritage of black market discoverer may be obtained from the illegal income, the discoverer of heritage will also be happy to hand over, because after all, is legal.

Conservation funding is to give the discoverer of the shortage of a major problem facing compensation, there is no corresponding financial support, and reasonable compensation is impossible. But as the change <<Conservation Law "> when some experts suggested, in addition to conservation funding stipulates that the State should be given to ensure appropriate funding, it should also give full play to social forces, participation in heritage conservation, multi-raising conservation funds. but can not be any incentives to stimulate cultural theft and illegal excavation of the incentives. just happened to find the good artifacts finder to get compensation, no one can find in order to obtain compensation or even the specialized excavation artifacts. In addition to money incentives, the Government should hand over to the public that on the positive recognition of cultural property, through the media publicity campaign to really make the material and implement the spirit of the award.

(B tax incentives
In some countries, such as in the United Kingdom, when the private treatment or works of art of their own heritage, the countries to encourage its transfer to the domestic public collections, it has also become the export of British control of a strategy of Art. Some provisions of tax legislation that is enacted for this purpose, for example, as long as an article by the British tax authorities designated as "National Heritage" property, subsequent to the transfer of bequests and lifetime can be tax-free, provided that the items must remain in the UK permanently. This mechanism can stimulate important historical and scientific significance of the cultural heritage of all people to remain in the country, this area is conducive to the protection of national heritage, to avoid the loss of important cultural heritage abroad, on the other hand to ensure that the public reasonable accessibility. In other countries, is privately owned collections or old building is open to the public can also get tax relief.

In China, from June 25, 2002, the State Council and state-owned cultural relics administrative department of cultural relics collection units to take over the foreign institution or individual donations, restitution, and way to get recourse from outside the Chinese cultural imports, customs duties, import value-added tax, consumption tax [3]. This provision for the promotion of Chinese cultural relics lost overseas to return to China played a positive role, but the approach does not apply to private collections. Also according to <<Republic of China on Donations for Public Welfare >>, companies and other enterprises, natural persons and individual businesses donated property for public welfare, in accordance with Laws, administrative regulations, to enjoy preferential corporate income tax [4]. This provision is only applicable to individuals, legal persons and organizations donation. There is no similar national heritage to encourage individuals to be transferred to other state-owned collections of tax incentives. in the future as the personal collection of gradually warming up, people all over the museum will also appear in the scale will be growing, and some may also more than state-owned museums [5]. In order to enrich the general public and collectors of the spiritual and cultural needs, but also really make a personal museum a useful supplement to state-owned collections, should be through economic levers such as tax breaks and other incentives available to the public personal museum quality of service and even free.

In addition, to further encourage overseas Chinese living on the return of Art, but also to promote cultural art from other countries into the Chinese market, should reduce tariffs on imported works of art. Artworks import tariff rates since 1998, from 30% to 12%. But The fact is, due to customs duties, import VAT and consumption tax and other taxes and fees accumulated, consolidated tax rate of the final works of art imported more than 30%. and most countries, especially developed countries, economic development and culture are taking a low tariff or even zero-tariff measures to encourage the introduction of works of art [6]. So some experts have proposed to lower import tariffs works of art, the best is the implementation of zero tariff, if not one step is decreasing year by year, for from Hong Kong, Macao imported works of art zero tariff system, for overseas duty-free return of works of art, import VAT, for the purchase of works of art returning from overseas institutions and individuals a variety of consumption tax exemptions, etc. [7].

Reduce import tariffs art, is conducive to the introduction of more foreign outstanding works of art, in favor of overseas Chinese cultural relics and works of art back. In recent years, overseas auctions of Chinese art works of art into the common thing is already a large number of Chinese relics back from overseas has become a work of art a unique phenomenon in the art market, if China still adhere to the art of high tariff policy, which means we are going to take more consideration to the acquisition of these works.

Second, the standardized collection and auction of cultural relics
2002 <<Conservation Law "> is devoted to private collections, regulate the flow of cultural relics, but the <<Conservation Law"> is to regulate the general law related to heritage acts, can not provide for the collection of relics is very detailed. On The considerable number of people believe that private collection of cultural relics of the attitude to be taken to encourage support, and some content requirements should be broad rather than fine, as long as it is not illegal, it should be allowed. the state should concentrate its limited funds, and protect the antiques. but also should be noted that the lucrative sale of relics, most people in the cultural trading is to profit rather than a true collection, private collection of artifacts to guide the flow and if not properly controlled, it will induce artifacts reselling and speculation, a very Illegal mining has the potential to open up a sales site for channel underground cultural relics. Therefore, the National Heritage collection method should be as soon as possible, collecting behavior specific norms. Heritage Act although some contact with the collection method, but after all the legal norms of social behavior in different [8 ]. Prior to this, it can first develop appropriate guidance, the establishment of cultural relics collection of civil identification, registration and transfer system whereby only been identified heritage registered to conduct legal transactions into circulation. From the international point of view, a large some countries, particularly resource-rich country heritage, in order to protect their cultural heritage and the maintenance market and the normal order of private collectors, are on sale and collection of the implementation of heritage identification, registration and transfer system, which provides that only carried out identification, registration and registration of cultural relics, to enter the circulation to the legal collection [9].

Today, the national cultural relics auction auction house with a hundred, but the auction market is not standardized, in addition to auction items is difficult to guarantee a high level, there are suspected of driving up prices, the experts identified some problems there, "fake, speculation, lack of integrity has become the industry's biggest problem "[10]. In addition, the supply shortage of talent shortage and the related regulations heritage imperfect but also the return of cultural objects to China brought a negative impact.

In accordance with administrative regulations and the law, the auction transaction may require the "anonymity" [11], carried out in the auction "record" in terms of [12] can be implemented and play a role in doubt. According to the 2002 <<Conservation Law "> requirements, the auction company auctions relics, not in accordance with relevant provisions of records or failing to record reported by the cultural relics Administration departments for the record, the people's governments above the county level cultural relics authorities" ordered to correct "[13], which is far can not make a false record or not record for an auction company to deter, is entirely possible to make the illegal source of relics through the auction, "bleaching" of the identity.

Although the law requires cultural relics administrative department shall strengthen the cultural relics auction auction management supervision and inspection of enterprises [14], but the regulation on cultural relics auction market, but there are serious shortcomings in institutional arrangements, making the state the management of cultural relics from auctions source to the subject of the whole process of the auction the lack of effective supervision, so that illegal operation, a serious overrun operation and secret operations.

According to the 2002 <<Conservation Law "> 58, the State can exercise the right of first refusal auction of precious cultural relics, artifacts from the collection of the purchase price of units and clients," consultation ", but provides consultations on how to handle minors , is the compulsory acquisition or withdrawal of the auction by the parties is not clear. If the parties are unlikely to take into account the market price to buy the government auction of cultural relics, they would find ways to evade the authorities of the audit, monitoring, and even through illegal channels to cultural shot.

Non-standard artifacts auction, disrupting the normal order of the auction market, damage the reputation of the auction industry, both to the conservation and management of a huge impact. Heritage Heritage Auction is the main channel of operation, regulate the formation of cultural relics auction on health order and the order flow of cultural heritage markets, and promote the protection and management of cultural relics has extremely important significance. Therefore, the first auction of cultural relics must strictly regulate the permit system and examination system of professional qualifications .2004 May, the State Administration of Cultural Heritage to re- review the qualifications of the auction company, which emerged in China since the auction of cultural relics in 1992, the State Administration of Cultural Heritage for the first time to review the qualifications auction of cultural relics. From May 1, 2004 onwards, there is no auction of cultural relics auction company license shall not engage in Heritage Auction activities.

Heritage Market under the status quo, to protect the ancient sites, ancient tombs and other from destruction, the state and strict control of operating the first class cultural relics. Now is not engaged in auction of cultural relics auction companies apply for a permit, a provisional approval of their business II, III artifacts. to strengthen the auction business personnel training, so that professionals comply with the conditions and regulations from 2007 onwards, the cultural relics auction companies will not hire professionals to retirees eligible to apply for auction of cultural relics. In addition, to obtain a permit auction auction relics Heritage Auction companies and obtain a certificate of professional qualifications personnel examined, if we find violations, the cultural relics department will reconsider the status of the auction of the company's heritage.

In addition, the system should improve the identification of cultural relics auction. Identification of the core auction of cultural relics. Some have suggested that the auction industry, to come forward by the Association of Auctioneers, the establishment of the private sector, non-profit professional organization, the auction company regularly neutral, impartial and objective assessment regularly on the public. Identification of the important auction, you can directly from the completion of this non-profit professional organization, without having to hire consultants from the auction of its own [15]. only the identification of neutrality in order to ensure a fair appraisal. to further strengthen cultural relics auction industry self-regulation, as soon as possible by the establishment of a buyer, seller, auction companies and identification of personnel to abide by professional ethics and credibility of the mechanism.

Third, the implementation of export control policy of enlightened heritage
2002 <<Conservation Law "> abandon all thought of national ownership of cultural relics, from the law explicitly recognized the heritage of private ownership and the need for the existence of Chinese antiquities market. But this does not mean that domestic and international market for Chinese antiquities the demand for it can be met. Under current law, to enter the market circulation, exchange and transfer can only be handed down artifacts, archaeological finds and collections of cultural relics can not be traded, and, in the heritage expert opinion, "<heritage Law "> under the" exchange "is the exchange between things, not buying or selling," according to the transfer "refers to paid transfer, citizens can sell their collections of cultural relics stores or state-owned cultural relics collection unit can also be Heritage has qualified to the auction of cultural relics auction consignment company, not a private transfer [16]. there are differing views that individual citizens should be allowed collection of artifacts flow between the citizens, to change the current auction legitimate, legal and market transactions private sale and the phenomenon of illegal private transactions. the general circulation of cultural objects, as long as the source of legitimate, and not based on the form of smuggling or other illegal transactions should not be prohibited [17]. In "<Conservation Law"> in the process of amending the Many people think we should relax the control of the domestic sale of relics, and reduce government intervention in the market for legal heritage.

As early as 1974 [18] pointed out that only pay attention to cultural relics departments should prevent the collection, pay no attention to the export of one-sided thinking, should actively adopt measures to evaluate and select for the export of cultural relics, will be provided to the foreign trade sector exports. According to this notice , the "era of late, a large number of complex products, nor the general cultural value to the collection," may be appropriate to organize the export, but also fully aware of the international market supply and demand changes. later introduced in 1979 <<Heritage Chartered Export Administrative Measures>> [19] pointed out, "according to changes in the international cultural market, seize the favorable opportunity to export a small number of artifacts, in exchange for more foreign exchange to support the construction of socialism of the four modernizations." can be exported a large number of relics including the presence of complex products, there is no scientific value or used without reservation in the country following three levels of heritage value.

In the first modification <<Conservation Law "> when there are views that should open up the domestic cultural market to curb smuggling of cultural relics, heritage conservation to reduce the burden, but can also increase revenue. Although this view was a minority, but China since the 90s of last century the field of heritage management is one of the most important advances for many years the state has relaxed the strict cultural trade policy. From a global perspective, cultural demand of the market country has been insisting that the source of rich heritage State legislation should allow the export of cultural exchange and international loan, should also be allowed in a certain range will be less important or repeated unwanted artifacts on the market. "lack of a developed cultural market in fact highly developed to ensure the survival of the illicit market . "The more stringent export controls, the greater the illegal market. Once the legitimate market needs are met, will cut off the source of illegal trafficking profits. only the most important relics remain in the country, while allowing some exports to the export regulatory purpose of the legislation [20].

Promoting the prosperity of the Chinese economy had a number of emerging affluent class, especially in the coastal economically developed areas, a growing number of antique shops and open to foreigners to buy domestic, heritage collectors gradually expand the scale. Today, Private collectors also began to establish a personal collection of the museum and organized individual exhibitions, may be chosen after the market plenty of cultural relics to better protect the country to attend to the cultural heritage. In addition, this state-owned collection agencies to improve conditions, to conduct archaeological surveys and increased to raise more money to explore another channel.

The development of the economic changes brought by China's cultural relics protection in China should not only show the ability of the enhanced protection of cultural relics, but also the cultural heritage of the Chinese to make the world more people have the opportunity to understand and appreciate, whereby the expansion of China cultural influence in the world. but any open-minded cultural export control policy implementation has a gradual process of development, the export of cultural relics must be in accordance with the value and significance of careful selection, which should be retained in the country, which should be allocated market meet the market demand must be the result of careful selection. It must be pointed out that not only limited circulation of cultural heritage as the standard age, of little value in the domestic retirement and redundancy of the complex cultural goods should be put on the market. Links to Research Papers Download Center http://www.hi138.com Fourth, promote the conservation of public Education and public participation
Government, through the accession to and ratification of the International Convention for protection of cultural relics with the international community to strengthen cooperation. To promote and facilitate the implementation of these conventions in recent years, the National Heritage Board conducted a nationwide civic Education program, invited from Interpol Organization, the World Customs Organization, the International Museum Institute and the records of the missing works of art experts to exchange experience in the organization. In the future, through all levels of government should actively promote heritage conservation Education programs, so that people, especially people in areas rich in cultural resources, to fully understand the heritage the value and necessity and importance of heritage conservation. Education should focus on enhancing awareness of non-economic value of cultural understanding and appreciation of widely publicized 2002 <<Conservation Law "> and 1997 <<Penal Code>> About Heritage offense crime provision to enable the general public aware of the importance of heritage conservation, excavation and smuggling of cultural relics and the serious consequences of crimes committed in the fight against cultural relics. should engage in heritage management and protection of professional staff training to enhance heritage conservation level. but also on related administrative management and law enforcement personnel professional ethics and legal education, to prevent the abuse of power, abuse of power such as the breeding of corruption. Although education can not resolve the problems, but in the long process of heritage conservation is not or lack of means.

Education should become the next key factor in our conservation, youth education is critical to .2004 in July, the 28th World Heritage Committee held in Suzhou in China, the General Assembly adopted a <"World Heritage youth education in Suzhou Declaration>>, urged the international community and the world should pay more attention to the protection of young people in the role of the World Heritage, to strengthen protection of world heritage for the education of young people. <"World Heritage youth education Suzhou Declaration>> as the achievement of the World Heritage Youth education program of collective action, and its goal is to make all the world's young people have received World Heritage Education, established to protect the world heritage consciously take on the responsibility of protecting the world heritage.

Our country has found 400,000 sites, many sites are in wilderness or remote areas, and as a serious shortage in many parts of resource conservation, protection work is not in place. It necessary to mobilize all social forces to participate in the protection of cultural relics in the past. Our country has Some provinces to carry out experimental work in heritage preservation, such as the protection of the site allocated to the local residents, to the payment of remuneration.

Fifth, strengthen the protection of cultural relics in international exchange and cooperation
Active in the international exchange of cultural relics protection law and policy support, with the countries to reach the conservation of the financial assistance, personnel training, technology development and archaeological Research, agreement or arrangement. Through a variety of cultural exhibitions to promote International Cultural Exchange. attention to cultural relics in international technical cooperation and information exchange, collaborative Research with other countries and promote China's cultural relics protection and Research level.

And signed by the countries like the United States and Latin American countries entered into bilateral treaties between the return and the establishment of cultural exchange and cooperation mechanism. China's cultural relics protection in addition to adding the main international conventions, but also with some countries in the fight against smuggling cultural cooperation, and reached cultural science and technology on the bilateral exchange arrangements. in recent years, with many countries in the return of stolen or smuggled cultural relics reached a bilateral agreement. As of now, China has with the United States, Peru, India, Italy, the Philippines, Greece, Chile, Cyprus, Venezuela and other countries signed the prevention of theft, illegal excavation and import and export of cultural relics, the promotion of bilateral cultural agreements and exchange of the return. Under these agreements, both parties obligations to prohibit and prevent other countries, theft, or trafficking in illegal export of cultural , archaeological, artistic and historical property into the country.

This is our government's protection of cultural relics have been added in accordance with the principles and spirit of international conventions on the protection and return of the relics with him on the crystallization of the country to strengthen bilateral cooperation. These important bilateral cooperation agreements that our government's protection of cultural heritage through the determination of bilateral cooperation , reflecting the stolen or illegally exported cultural relics under the circumstances to recover and make it protected as soon as the desire to prevent stolen or illegally exported cultural objects contain the flow will play a positive role, but also to the international social protection efforts of the world's cultural heritage have a positive impact. The success of these agreements signed with China for the future operation of the national heritage with more recourse, technical exchanges, personnel training, exhibitions and other cultural exchanges and cooperation in terms of providing useful references.

Cultural field of international exchanges and cooperation in carrying forward the fine culture of China, expanding the Chinese culture's influence in the international arena, the Chinese people and promote friendship between peoples of the world has played an increasingly important role.

Conclusion
Heritage protection begins at home. The domestic implementation of protective measures is to promote international cooperation in joint efforts to curb the illicit circulation of an important starting point, international cooperation efforts to protect the heritage of the country play an important complementary role. The international legal norms and international cooperation can not replace domestic legislation and improve protection measures, there is no alternative to the International Covenant on effective domestic policies. In order to create an atmosphere conducive to heritage conservation, we should develop and implement appropriate national heritage policy, so that can effectively protect domestic cultural is also beneficial to the field of international cultural exchanges and cooperation, so as to enable other countries, particularly the cultural heritage and the market return of country show more willingness to cooperate.

China should invest more funds and technology to the conservation infrastructure, staff training, registration filing, regulatory and other aspects of archaeological sites, but also educational programs, cultural heritage through education people about the importance and the dangers of illegal trading and the main content of existing legislation, China's national heritage legislation should have clarity as far as possible, export control laws should be reasonable limits, to minimize the scope of export restrictions, with special emphasis on cultural, historical and scientific value heritage, archaeological objects and endangered heritage at risk through the implementation of tax and other material or moral incentives to encourage individuals to important archaeological objects and other relics kept in the country, should also actively encourage rental, heritage tour and other forms of international exchange to develop a cultural exchange and sharing of plans, and by encouraging domestic non-substantive export of heritage conservation value as cultural relics in China to meet international market demand. so that you can achieve a broader sense, advocated the promotion of international conventions on human understanding of civilization, rich cultural life of peoples and through the country, communication and exchange between peoples and promote mutual respect and understanding.

Notes:
[1] See <<Conservation Law "> Article 12, paragraph 4.

[2] See Cultural Property Forum: The Export Policies of China, Korea, and Japan, Japan Society, New York, April9, 2003, http://www.japansociety.org/email_images/gallery transcript.pdf (visitedDec.12, 2005.

[3] <<state-owned cultural relics collection units to accept foreign donations, restitution, and the Chinese cultural relics from overseas imports of duty-free recourse Interim Measures> "(June 25, 2002, fiscal (2002) 81 s. 5.

[4] See <<People's Republic of Public Welfare Donations Law "> section 24-25 as amended.

[5] See Liu Hui: "For Shaoxing boss who spent 200 million made the largest private museum", http://www.hangzhou.gov.cn/main/file/article/4469/article_69153.html. (2005 年December 18 visits
[6] Li Yan, Liu Shifeng: "topic CPPCC members of Art", contains <<Cultural Relics World>> March 30, 2005. Http://www.artron.net/news/shownews.php?seq=3747 .

[7] Li Yan, Liu Shifeng: "topic CPPCC members of Art", contains <<Cultural Relics World>> March 30, 2005. Http://www.artron.net/news/shownews.php?seq=3747 .

[8] http://www.nach.gov.cn/PublishCenter/sach/dtbf/zhuanti/wwbhf/mjgd/460.htm.

[9] Lu Jiansong: "not for profit collection of black heritage lack of supervision", http://learning.sohu.com.

[10] See Zhang sound, Suxian Long: "How to cultural objects 'home'?", Containing <<Daily>> September 1, 2003, http://arts.tom.com/Archive/1002/2003/ 9/2-39664.html.

[11] <<Conservation Law "> Article 57 stipulates that the auction relics, the client, the buyer requested confidentiality of their identity, heritage and shall keep the executive branch. Off
[12] See <<Conservation Law "> Article 57 and" <Cultural Relics Protection Law Implementation Regulations>> 43.

[13] See <<Conservation Law "> Section 75 (8.

[14] See <<Conservation Act Implementation Rules>> Chapter 43.

[15] See Qin Wen: "Heritage auction industry insider insider" set <<Beijing News>> February 25, 2005, http://www.china.org.cn/chinese/2005/Feb/ 794781.htm.

[16] "Li Xiaodong, the New Cultural Relics Protection Law", http://campus.sohu.com/2004/05/31/15/article220331572.shtml.

[17] "On the conservation law changes", http://www.nach.gov.cn.

[18] The State Council approved a notice the State Council approved the Ministry of Foreign Trade, Ministry of Commerce, National Heritage Board <"On strengthening the business management and implementation of cultural heritage conservation policy advice>" notice (December 16, 1974.

[19] <<Heritage Chartered export management pilot scheme> "(July 31, 1979 the State Council for approval.

[20] See J. David Murphy, Plunder and Preservation: Cultural Property Law and Practiceinthe People's Republic of China, Oxford University Press, 1995, p.155. Links http://www.hi138.com Research Papers Download