The full text of the Regulations on the Protection of Lingjiatan Site in Anhui Province 2065438-2009

Regulations on the Protection of Lingjiatan Site in Anhui Province

Chapter I General Provisions

Article 1 In order to strengthen the protection of Lingjiatan site, inherit excellent traditional culture and make cultural heritage benefit the people, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Cultural Relics and other relevant laws and administrative regulations, and in light of the actual situation.

Article 2 These Regulations shall apply to cultural relics protection, archaeological excavation, research and exhibition, development and utilization, production and life, visits and other activities within the scope of Lingjiatan site.

The Lingjiatan site mentioned in these Regulations refers to the Neolithic cultural site located in the administrative area of hanshan county, Maanshan City, which was announced by the State Council as a national key cultural relics protection unit.

Article 3 The protection of Lingjiatan site shall adhere to effective protection, overall planning, rational utilization and scientific management, ensure the authenticity and integrity of the site, and maintain the coordination between the surrounding environment and the site.

Chapter II Protection and Utilization

Fourth provincial people's government should strengthen the leadership of the Lingjiatan site protection work. The people's governments of Maanshan City, hanshan county City and the town where the site is located are responsible for the protection of Lingjiatan Site.

The village committee where the site is located shall assist in the protection of the site.

Article 5 The cultural relics departments of the people's governments of Ma 'anshan and hanshan county shall supervise and manage the protection of Lingjiatan site.

Maanshan City and hanshan county Municipal People's Government development and reform, public security, industry and commerce administration, customs, finance, land and resources, environmental protection, housing construction, urban and rural planning, tourism and other relevant departments shall do a good job in the protection of Lingjiatan site according to law.

Article 6 The Lingjiatan site protection and management institution established by Maanshan Municipal People's Government shall perform the following duties related to site protection according to law:

(1) Organizing the implementation of relevant protection plans;

(two) to put forward opinions on planning and construction projects involving site selection;

(three) responsible for daily protection and management;

(four) in conjunction with the relevant departments to supervise archaeological excavations;

(five) to organize the collection, collection and display of cultural relics unearthed from the site, and to carry out academic research and exchanges;

(six) other work related to the protection and utilization of the site.

Seventh to encourage all sectors of society, domestic and foreign organizations and individuals to support the protection of Lingjiatan site through donations.

Encourage units and individuals to donate materials and articles related to Lingjiatan site to the protection and management institutions of Lingjiatan site.

Eighth Lingjiatan site protection objects include:

(a) the historical features and natural environment of the site;

(2) The production and living places of ancient humans such as architectural sites, moats, altars and burial areas;

(three) jade, stone, pottery and other movable cultural relics;

(4) Other historical and cultural heritages that need to be protected.

Article 9 The scope of protection and the construction control zone of Lingjiatan site shall be reasonably defined according to the category, scale and content of the site and the historical and realistic situation of the surrounding environment, and the needs of saving land and protecting cultivated land shall be followed to realize the coordinated development of site protection and local villagers' production, life, economy and society.

The scope of protection of Lingjiatan site is delineated and published by the provincial people's government; After the construction control zone is approved by the provincial people's government, the administrative department of cultural relics of the provincial people's government shall delimit and publish it jointly with the administrative department of urban and rural planning.

The administrative department of cultural relics of the provincial people's government shall set up protection signs and boundary markers in the scope of site protection and the construction control zone.

Tenth Lingjiatan site protection and management institutions shall establish site archives. Records and files should be accurate and complete.

Eleventh Lingjiatan site protection scope and construction control zone should maintain soil and water, improve the environment. Shall not destroy the natural environment such as water system, mountain and vegetation.

Lingjiatan site protection and management institutions shall regularly monitor the site and the surrounding natural environment, and submit the monitoring results to Maanshan Cultural Relics Administration Department and hanshan county Municipal People's Government.

Twelfth Lingjiatan site within the scope of protection shall not carry out construction activities unrelated to the protection of Lingjiatan site.

The construction activities in the construction control zone of Lingjiatan site shall conform to the protection plan of Lingjiatan site. The construction plan shall be demonstrated by experts in cultural relics and planning, and approved by the cultural relics administrative department of the provincial people's government.

Thirteenth Lingjiatan site protection scope and construction control zone, it is forbidden to approve the new homestead, and gradually adjust the land into site protection land according to law.

Ma 'anshan City and hanshan county Municipal People's Government shall, according to the protection plan of Lingjiatan Site, gradually move out and resettle the original villagers within the protection scope. If the original houses in the construction control zone of Lingjiatan site do not conform to the protection plan, they should be rectified in combination with improving the village environment and improving the living standards of the villagers.

In accordance with the protection plan of Lingjiatan site, if the nature of land is adjusted, villagers move out and villagers' houses are rebuilt, the legitimate rights and interests of local villagers shall be respected and safeguarded, and compensation and subsidies shall be made according to law.

Fourteenth hanshan county Municipal People's Government and Lingjiatan site protection and management institutions shall formulate emergency plans. In the event of emergencies and natural disasters that endanger the safety of Lingjiatan site, or there are potential safety hazards in Lingjiatan site, emergency plans should be launched in time and corresponding disposal measures should be taken.

Fifteenth archaeological investigation, exploration and excavation of Lingjiatan site shall go through the approval procedures according to law.

Archaeological excavation shall publish the list of unearthed cultural relics and submit the archaeological excavation report according to the legal time.

Article 16 The people's governments of Ma 'anshan and hanshan county shall establish Lingjiatan National Archaeological Site Park and Site Museum based on Lingjiatan Site to form a public space with the functions of protection, collection, scientific research, visit, publicity and education.

The construction of Lingjiatan National Archaeological Site Park should adhere to the principle of planning first, implementing step by step, promoting development and benefiting the public. The establishment of Lingjiatan Ruins Museum should adhere to scientific orientation, give full play to its functions, highlight its characteristics and display various forms.

Article 17 The exhibition and utilization of Lingjiatan site shall conform to the protection plan and special protection plan of Lingjiatan site, adhere to minimum intervention and scientific utilization, and prevent and reduce the damage and impact on the site and the natural environment.

Encourage the use of unearthed cultural relics and their research results, publicize the unique historical and cultural value of Lingjiatan site, and develop cultural and creative products and derivative products.

Eighteenth Lingjiatan site tourism development, should be based on the protection of the site to explore its cultural connotation, highlight the characteristics, and promote the integration of cultural tourism development.

Chapter III Management and Guarantee

Article 19 The people's governments of Ma 'anshan and hanshan county shall incorporate the protection and utilization of Lingjiatan site into the national economic and social development planning, the overall land use planning, the urban and rural planning and the mineral resources exploration, development and utilization planning.

The people's governments of Ma 'anshan City and hanshan county City organized the planning for the protection of Lingjiatan Site, and reported it to the provincial people's government for implementation after approval in accordance with relevant state regulations. Hanshan county Municipal People's Government shall organize the preparation of special protection planning according to the protection planning, and submit it for approval according to the procedures.

Protection planning and special protection scheme shall not be changed without authorization. If it is really necessary to change, it shall be submitted for approval according to the procedures.

Twentieth Ma 'anshan City and hanshan county Municipal People's Government shall include the funds for the protection and utilization of Lingjiatan Site in the fiscal budget at the corresponding level. The provincial people's government shall set up special funds for protection, give support to the relocation of site immigrants and the construction of national archaeological sites park, and strengthen financial and auditing supervision according to law to ensure earmarking.

Twenty-first Ma 'anshan City and hanshan county Municipal People's Government shall strengthen the introduction and training of experts in archaeology, research, publicity, tourism and creativity of Lingjiatan Site.

The cultural relics administrative department of the provincial people's government shall strengthen the construction of the archaeological workstation of Lingjiatan site and support it to play its functions of archaeology, exploration, excavation and research.

Twenty-second to encourage public participation in site protection. Any organ, organization or individual has the obligation to protect the Lingjiatan site according to law, and has the right to dissuade and report the destruction of the Lingjiatan site.

Maanshan City, hanshan county Municipal People's Government and its relevant departments shall, in accordance with the relevant provisions of the state and the province, commend the organs, organizations and individuals that have made outstanding contributions to the protection of Lingjiatan Site.

Twenty-third in the Lingjiatan site protection scope and construction control zone prohibit the following acts:

(a) excavating, looting, dividing up and illegally buying and selling cultural relics;

(two) after the discovery of cultural relics, hiding or refusing to report;

(three) soil, wells, ditches, ponds and land;

(4) Building graves and repairing tombs;

(five) unauthorized movement, defacing, damage, removal of protection signs and boundary markers and other cultural relics protection facilities;

(six) fireworks, burning sacrifices, leaves, weeds, straw, garbage, etc. ;

(7) Dumping or discharging pollutants;

(eight) other acts of damage to the site.

Chapter IV Legal Liability

Article 24 Whoever, in violation of the provisions of Article 12 of these regulations, carries out construction activities within the scope of protection and construction control zone of Lingjiatan site without approval shall be ordered by the cultural relics administrative department of Maanshan Municipal People's Government to dismantle the illegal buildings, restore them to their original state and impose a fine of 1 10,000 yuan to 50,000 yuan; Causing serious consequences, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed.

Twenty-fifth in violation of the provisions of the second paragraph of article twenty-third, found that cultural relics hidden or refused to submit, by the hanshan county Municipal People's government administrative department of cultural relics in conjunction with the public security organs to be recovered; If the circumstances are serious, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.

Article 26 Whoever, in violation of the provisions of Item (3) and Item (4) of Article 23 of these regulations, borrows soil, digs wells, digs ditches, digs ponds, digs pits to borrow soil, builds graves or repairs graves shall be ordered by the cultural relics administration department of the hanshan county Municipal People's Government to make corrections and restore to the original state, and may be fined between 1,000 yuan and 5,000 yuan.

Article 27 Whoever, in violation of the provisions of Item 5 of Article 23 of these Regulations, moves, smears, damages or dismantles cultural relics protection facilities such as protection signs and boundary markers without authorization, shall be ordered by the Lingjiatan site protection and management institution to make corrections, restore to the original state, compensate for losses, and be fined from 50 yuan to 200 yuan.

Twenty-eighth in violation of the provisions of the sixth paragraph of article twenty-third, set off fireworks and firecrackers, and burn sacrifices, leaves, weeds, straws, garbage, etc. within the scope of protection of Lingjiatan site. , by the Lingjiatan site protection and management institutions shall be ordered to stop, and impose a fine of more than 2000 yuan in 500 yuan.

Twenty-ninth in violation of the provisions of the seventh paragraph of article twenty-third, dumping or discharging pollutants, the competent administrative department of environmental protection of hanshan county Municipal People's Government shall be punished in accordance with the provisions of relevant laws and regulations.

Article 30 If the relevant administrative organs, institutions for the protection and management of Lingjiatan site and their staff violate the provisions of these regulations and commit any of the following acts in the protection of Lingjiatan site, the directly responsible person in charge and other responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) did not stop the construction activities unrelated to the protection of Lingjiatan site;

(2) Failing to implement site protection in accordance with the Lingjiatan site protection plan;

(three) the illegal approval of the scope of protection of the site and the construction of the homestead in the control zone;

(four) other breach of privilege, dereliction of duty, favoritism.

Thirty-first in violation of the provisions of this Ordinance, laws and administrative regulations have other provisions on punishment, from those provisions.

Chapter V Supplementary Provisions

Thirty-second Ma 'anshan Municipal People's Government may formulate detailed rules for implementation according to these regulations.

Article 33 These Regulations shall come into force as of May 6, 0.