2015考研英语复习：中华人民共和国考古涉外工作管理办法
(Approved by the State Council on December 31， 1990 and promulgated by
Decree No. 1 of the State Bureau of Cultural Relics on February 22， 1991)
颁布日期：19910222 实施日期：19910222 颁布单位：国务院批准、 国家文物局发布
Article 1 These Measures are formulated with a view to strengthening the
administration of the foreign-related archaeological activities， protecting the
ancient cultural heritage of China and promoting its academic exchanges in the
archaeological field with foreign countries.
Article 2 These Measures shall apply to the archaeological investigation，
exploration and excavation as well as to the related studies， scientific and
technological protection and other activities which are conducted by the
relevant Chinese units (hereinafter referred to as Chinese party) in
collaboration with foreign organizations or international organizations
(hereinafter referred to as foreign party) on the land territory， in the inland
waters and the territorial seas of China as well as in other sea area within the
jurisdiction of China.
Article 3 Any foreign or international organization that intends to conduct
archaeological investigation， exploration or excavation in China must undertake
it in collaboration with China.
Article 4 The State Bureau of Cultural Relics shall be in charge of the
unified administration of the foreign-related archaeological activities
throughout the country.
Article 5 For the purposes of these Measures，
(1) “archaeological investigation” refers to such activities， conducted for
the purpose of obtaining archaeological materials and information， as
archaeological recording of ancient cultural sites， ancient tombs， ancient
architectures， cave temples and other underground and underwater cultural
relics， and collecting of cultural relics and natural specimens;
(2) “archaeological exploration” refers to exploring activities aiming at
obtaining such basic information as the nature， structure and range of
underground or underwater historical cultural remains;
(3) “archaeological excavation” refers to such activities， conducted for
the purpose of obtaining archaeological materials and information， as scientific
discovering and archaeological recording of sites of ancient culture， ancient
tombs and other underground and underwater cultural relics as well as collecting
of cultural relics and natural specimens;
(4) “archaeological recording” refers to such activities conducted in a
systematic manner as written description， surveying cartographing， rubbing，
photographing， cinematographing and videotaping;
(5) “natural specimens” refers to natural remains obtained in
archaeological investigation， exploration and excavation.
Article 6 Archaeological activities of investigation， exploration or
excavation jointly conducted by the Chinese and foreign parties shall be guided
by the following principles：
(1) the two parties in collaboration shall jointly carry out a project of
archaeological investigation， exploration or excavation and a joint
archaeological team shall be organized， with the Chinese experts taking the
overall charge;
(2) the two parties in collaboration shall jointly sort out the data
obtained from archaeological investigation， exploration or excavation and
prepare reports thereof all within the Chinese boundaries. The reports shall be
co|signed by the two parties in collaboration and the Chinese party shall have
priority for the publication thereof;
(3) cultural relics， natural specimens and the originals of archaeological
recording obtained in the activities of archaeological investigation，
exploration or excavation conducted in collaboration shall be owned by China and
have their safety ensured;(4) the two parties in collaboration shall abide by
the laws， regulations and rules of China.
Article 7 A foreign party that intends to conduct archaeological
investigation， exploration or excavation in collaboration with a Chinese party
shall submit a written application therefore to the State Bureau of Cultural
Relics in light of the following items：
(1) intent of collaboration;
(2) object， scope and purpose;
(3) plan for team organization;
(4) working procedures and measures for safety and technical protection of
the cultural relics， etc;
(5) sources of funds and equipments and mode of management;
(6) handling of accidents and risk sharing.
Article 8 Any application for collaboration in an archaeological project of
investigation， exploration or excavation shall satisfy all the following
conditions：
(1) it is conducive to China's protection of cultural relics and
archaeological studies as well as to the international cultural and academic
exchanges;
(2) the Chinese party has already laid down a foundation in the project and
made some progress in the studies， and has its own experts engaged in the
studies of the subject area in question;
(3) the foreign party shall be a specialised archaeological research
institution with experts in the subject area in question or in a similar subject
area as well as proper experience in archaeological practice; and
(4) there are reliable measures for the protection of the excavated
cultural relics.
Article 9 The State Bureau of Cultural Relics shall subject an application
of a foreign party to an preliminary examination in conjunction with the Chinese
Academy of Social Sciences， and then， in accordance with the relevant provisions
of the State， transfer the application to the relevant departments in charge of
national defence， foreign affairs， public security， national security and others
for further examination， if it is found satisfactory through the examination，
the State Bureau of Cultural Relics shall submit the application to the State
Council for special approval.
Article 10 After the special approval is granted by the State Council to a
project of collaboration for archaeological investigation， exploration or
excavation， an agreement shall be signed by the two parties in collaboration on
the specific matters of the approved project.
Article 11 If the cultural relics or natural specimens obtained in an
archaeological investigation， exploration or excavation conducted in
collaboration need to be sent outside the Chinese boundaries for laboratory test
or technical appraisement， the matter shall be submitted to the State Bureau of
Cultural Relics for approval. The original specimens， except for the consumption
involved in the test or appraisement， shall all be transported back to China
thereafter.
Article 12 Foreign students in China (including undergraduates，
postgraduates and visiting scholars) and foreign researchers whose authorized
period of stay for archaeological study or research in China is over one year
may join in company with the unit where they study in activities of
archaeological investigation， exploration or excavation conducted by a Chinese
party exclusively or in collaboration with a foreign party， subject to the
approval by the State Bureau of Cultural Relics according to the request made by
the unit where they study or do research work with a prior consent of the
relevant unit of archaeological investigation， exploration or excavation.
Article 13 Any visit by a foreigner， a foreign organization or an
international organization to a cultural relics site within the Chinese
boundaries not yet open to public visitors can be conducted， if in areas open to
foreigners， only after the programme for the visit has been submitted one month
before by the department for the administration of cultural relics of the
province， autonomous region or municipality directly under the Central
Government where the cultural relics site is located or by the host central
governmental department and the unit directly under it to the State Bureau of
Cultural Relics and after an approval has been obtained therefrom and， if in
areas not open to foreigners， only after the programme for the visit has been
submitted one month before by the department for the administration of cultural
relics of the province， autonomous region or municipality directly under the
Central Government where the cultural relics site is located or by the host
central governmental department and the unit directly under it to the State
Bureau of Cultural Relics and after an approval has been obtained therefrom and，
upon the completion of the necessary procedures at the relevant department in
accordance with the pertinent provisions governing foreign related matters.
Any visit to an archaeological site under excavation shall be made only
when the unit in charge of the excavation has been duly consulted by the host
unit and an approval has been obtained from the State Bureau of Cultural
Relics.
During such visits， any foreigner， foreign organization or international
organization may not collect any cultural relics or natural specimen or make any
archaeological recording.
Article 14 The State Bureau of Cultural Relics is entitled to make
inspections on the operation of the archaeological investigation， exploration or
excavation conducted in collaboration and may suspend the operation if it fails
to comply with the provisions of the Operation Procedures for Field Archaeology
or to meet other relevant technical requirements and demand a rectification
within a time|limit.
Article 15 In case of a violation of the provisions of Articles 6， 7， 8， 10
or 11 of these Measures， a warning， suspension of operation， cancellation of the
project， a fine of 1，000 to 10，000 yuan (RMB)， confiscation of the cultural
relics illegally obtained or a compensation for the damages may be enforced by
the State Bureau of Cultural Relics according to the seriousness of the
case.
Article 16 In case of an unauthorized admittance of foreign students or
researchers by a unit to the activities of archaeological investigation，
exploration or excavation or an unauthorized extension of their working period，
in violation of the provisions of Article 12 of these Measures， the State Bureau
of Cultural Relics may issue a warning or suspend the qualifications of the unit
in question for conducting team archaeological excavation.
Article 17 In case of an unauthorized visit to a site of cultural relics or
an unauthorized collection of cultural relics and natural specimens or
unauthorized archaeological recording in violation of the provisions of Article
13 of these Measures by any foreigner， foreign organization or international
organization， the department for the administration of cultural relics may stop
their visit， confiscate the cultural relics and natural specimens so collected
as well as the archaeological recording.
Article 18 Any violation of the provisions of these Measures that
constitutes an offence against the public security management shall be punished
in accordance with the Regulations of the People's Republic of China on the
Administrative Penalties for Public Security. In case it constitutes a crime，
criminal responsibility shall be investigated according to law.
Article 19 Archaeological investigation， exploration or excavation
conducted by archaeological team from Taiwan， Hong Kong or Macao in
collaboration with unit from the mainland of China may be governed with
reference to these Measures.
Article 20 Measures for the administration of foreign-related matters in
studies and scientific and technological protection of cultural relics shall be
formulated by the State Bureau of Cultural Relics in accordance with the
principles of these Measures.
Article 21 The State Bureau of Cultural Relics shall be responsible for the
interpretation of these Measures.
Article 22 These Measures shall become effective as of the date of
promulgation.
发表于 2017-8-6 14:13:30