“Cultural relics carry splendid civilization, inherit historical culture and maintain the national spirit. They are the precious heritage left to us by our ancestors and the profound nourishment of strengthening the construction of socialist spiritual civilization” The General Administrative Law Enforcement Team of Chongqing Cultural Market has made great efforts in learning, implementing and maintaining the safety of Chongqing’s cultural relics, and has achieved “zero tolerance” in investigating and handling various cultural relics violations.
The case that a construction engineering company in Chongqing conducted excavation operations without approval within the protection scope of “Xunmin Academy”, a cultural relics protection unit in Chongqing (hereinafter referred to as “Xunmin Academy”), was selected by the State Administration of Cultural Heritage as the fourth batch of national cultural relics administrative law enforcement guidance cases, and was collected and compiled by the Chongqing Municipal Bureau of Justice into the “Selection of Excellent Typical Cases of Administrative Law Enforcement in Chongqing” (Part III), which was printed and distributed throughout the city. The success of the case is mainly due to the leadership of cultural relics institutions at all levels, the correct decision-making of the Party Committee of the Corps, the persistence of law enforcement personnel, the flexible and diverse working methods, and the support and cooperation of relevant departments, which are reflected in the following aspects.
Implement the new mode of daily inspection “no dead corner”
The Party Committee of Chongqing Cultural Market Comprehensive Administrative Law Enforcement Corps has always attached great importance to the law enforcement of cultural relics, and has put it on the important agenda. A leading group for the law enforcement of cultural relics has been established, with the general leader as the group leader and the leader in charge as the deputy group leader. It listens to the report on the law enforcement of cultural relics in good time, analyzes the situation of the law enforcement of cultural relics, and discusses major cases and important cases of the law enforcement of cultural relics. A system of monthly summary, quarterly analysis, annual summary and monthly evaluation has been established to correct the deviation of cultural relics law enforcement from time to time. The special law enforcement detachment for cultural relics was defined, which was specifically responsible for the law enforcement and supervision of cultural relics in the city. The safety supervision of cultural relics was taken as a basic responsibility and a long-term task, which was always handled and managed by people everywhere. A new pattern of administrative law enforcement for cultural relics was formed, which focused on rules and combined them.
In the daily supervision work, strengthen the inspection, adopt the method of dividing areas and areas, contracting responsibility, highlighting the key points and giving consideration to the general, and focus on the inspection of the safety of cultural relics in Chongqing, so as to achieve “the national security coverage and the city security”. In particular, in order to promote the revolutionary culture, inherit the red gene, and protect the revolutionary cultural relics, the special inspection action for the safety inspection of revolutionary cultural relics has been carried out five times. Jointly with Chongqing Municipal Bureau of Cultural Relics and Chongqing Municipal Public Security Bureau, a joint inspection team was formed five times to inspect the revolutionary cultural relics in 10 districts and counties, so as to grasp the location, management status and existing problems of the revolutionary cultural relics. In the past two years, the number of inspections on key cultural relics under national protection has reached 256 times, the number of inspections on cultural relics under municipal protection has reached 613 times, and the number of inspections on cultural relics under district and county protection has reached 792 times. A total of 128 national protected sites, 438 municipal protected sites, 132 revolutionary cultural relics, 256 cultural relics sites, 5 museums and 3 cultural relics warehouses have been inspected. 357 persons and 113 vehicles were dispatched. Timely find out the non implementation of the safety responsibility system, issue the Notice of Ordering Rectification as required and put forward relevant requirements.
Strictly enforce the law and timely stop coordination and linkage 110
The Chongqing Cultural Market Comprehensive Administrative Law Enforcement Corps regards the investigation and handling of cases as the lifeblood of law enforcement. It will investigate the cases with serious violations and bad social impact to the end, and will not condone the illegal cases of cultural relics legal persons such as the construction of cultural relics without approval, the destruction of cultural relics, and the impact on the historical style of cultural relics. In law enforcement, the combination of punishment and reform was insisted, and the administrative punishment for the units involved focused on ordering them to correct their illegal acts, restoring the cultural relics and historical features as much as possible, and avoiding fines instead of rectification. The case of “Xunmin Academy” is a typical representative. Adhere to active transfer, resolutely transfer cases suspected of committing crimes and reaching criminal punishment to judicial organs, and investigate the criminal responsibility of organizers, planners and implementers. Adhere to accountability. For cultural relics legal persons and managers suspected of dereliction of duty, notify relevant districts and counties to investigate their administrative responsibility, and truly implement the lifelong accountability system for cultural relics protection responsibility. In the past two years, we have successively completed the case of a Chongqing real estate development company removing the immovable cultural relics without authorization, the former site of the Korean Recovery Army General Headquarters, the case of a Chongqing Tourism Development Group Co., Ltd. repairing the cultural relics protection unit without the qualification certificate for cultural relics protection project, the case of a Chongqing construction company operating the construction project without authorization within the protection scope of the cultural relics protection unit “Xie’s Courtyard”, the case of “Xunmin Academy” The Chongqing Catholic Patriotic Association conducted construction projects without authorization within the scope of protection and other five cultural relics cases.
On site inspection by law enforcement personnel
In order to stop the occurrence of illegal and criminal cases of cultural relics in a timely manner, Chongqing Cultural Market Comprehensive Administrative Law Enforcement Corps incorporated the administrative law enforcement of cultural relics into the 110 linkage system, and established a joint coordination law enforcement mechanism involving public security, urban and rural construction, land and housing management, environmental protection, religion and other departments and units. Any investigation and evidence collection involving the administrative law enforcement of cultural relics can be timely assisted by public security and other departments, effectively improving the supervision efficiency and case handling effect. In the process of law enforcement, actively cooperate with the public security organs and the professional technicians of the Institute of Cultural Relics and Archaeology in the investigation, evidence collection and identification of violations and crimes committed against cultural relics, so as to form complementary advantages.
He also kept close working contact with cultural and museum institutions such as Chongqing China Three Gorges Museum, Hongyan Lianxian, Dazu Stone Carvings Museum, Chongqing Institute of Cultural Relics and Archaeology, held meetings in due time to study and solve difficult problems encountered in the process of law enforcement. We took the lead in coordinating and handling 23 cultural relics destruction incidents, including Wulong Haokou Hydropower Station, the construction of a parking lot in Geleshan Meiyuan, the bank improvement project of Laixi River in Rongchang, the comprehensive improvement project of flood control bank protection in Maliuzui (Zitong Dam) of the Banan Yangtze River, and the construction of an industrial company in the construction control zone of the old site of Xinhua Daily, a national key cultural relics protection unit.
Strengthen training and constantly enhance the awareness of cultural protection
The Comprehensive Administrative Law Enforcement Team of Chongqing Cultural Market makes full use of the advantages of the system and the news media to achieve “sound broadcasting, video broadcasting, and words in newspapers”. It receives reports from the cultural relics market through the live connection of Chongqing News Radio “Sunshine Chongqing”, answers difficult questions about cultural relics, and publicizes knowledge about the protection and utilization of cultural relics. Make full use of the annual publicity period such as the International Museum Day and the Cultural and Natural Heritage Day to concentrate human and material resources, hold exhibitions, print and distribute leaflets, publicize the knowledge of cultural relics protection to law enforcement personnel and the general public, show the results of cultural relics protection and utilization, and constantly enhance the awareness of the general public on cultural relics protection. In addition, we also took the advantage of opportunities such as troubleshooting and daily inspection of cultural relics, actively publicized, received reports and visits, and publicized the laws and regulations of cultural relics to every corner, creating a good atmosphere of “everyone is responsible for protecting cultural relics”, so that the protection of cultural relics has gradually become a conscious action of the whole society.
In order to improve the quality of the administrative law enforcement team of cultural relics. The Comprehensive Administrative Law Enforcement Team of Chongqing Cultural Market, together with the Municipal Public Security Bureau, the Municipal Bureau of Cultural Relics, the Municipal Archaeological Research Institute and others, jointly held the “Cultural Relics Protection Knowledge Training Class”, which provided training from laws, regulations to relevant policies, from case analysis to law enforcement procedures, from ancient history to ancient ruins, ancient architecture and other aspects, so as to enrich cultural relics knowledge and improve the level of law enforcement. The knowledge and skills of cultural relics law enforcement will be included in the comprehensive law enforcement training of the city’s cultural market. The State Administration of Cultural Heritage and experts inside and outside the city will be invited to give lectures, and the professional quality of law enforcement personnel will be constantly improved. The “Culture and Tourism Law Enforcement Week Classroom” was set up. Personnel were selected to participate in case based training, teacher tour training and law enforcement business training organized by the Ministry of Culture and Tourism and the State Administration of Cultural Heritage. Teachers were selected to carry out law enforcement exchanges in Xinjiang, Gansu, Sichuan and Guizhou to improve the comprehensive ability and quality of law enforcement personnel from different levels and perspectives.
Make every effort to improve the administrative law enforcement system for cultural relics
The Chongqing Cultural Market Comprehensive Administrative Law Enforcement Corps has established electronic and text files of 62 national key cultural relics protection units and 282 municipal cultural relics protection units in the city, collected and sorted out various cases files of cultural relics law enforcement, and designated special personnel to take charge of management. The Measures for Law Enforcement and Inspection of Cultural Relics Protection Units have been formulated to promote the normalization of law enforcement and inspection of cultural relics protection units, find problems in a timely manner, and investigate and deal with various illegal acts. A case reporting system has been established. Timely report the administrative law enforcement of cultural relics to the superior departments and relevant leaders. In case of special difficulties and major cases, timely submit them to the office meeting for research, and report them to Chongqing Municipality and the State Administration of Cultural Heritage, so as to maximize the support of policies and leaders from all aspects. Establish an interview system, timely interview legal persons who fail to protect cultural relics, cause damage to cultural relics, or repeatedly prohibit illegal acts, keep interview records, urge them to strictly implement their cultural relics protection responsibilities, and rectify existing problems. Establish an information disclosure system, make public the management information of cultural relics units and sites at all levels on the website, timely report the investigation and handling of illegal cases of cultural relics legal persons, make public the telephone number of management departments, and widely accept social supervision. We will establish a blacklist system, incorporate dishonest enterprises that have repeatedly committed violations of cultural relics into the social credit system, and implement coordinated supervision and joint punishment by multiple departments.
The work of protecting cultural relics has made great contributions to the present age, benefited the future generations, had a glorious mission and had a great responsibility. Next, Chongqing Cultural Market Comprehensive Administrative Law Enforcement Corps will resolutely implement the “three systems” of the Measures for Publicity of Administrative Law Enforcement on Cultural Relics (Trial), the Measures for Recording the Whole Process of Administrative Law Enforcement on Cultural Relics (Trial), the Measures for Legal Review of Administrative Law Enforcement Decisions on Major Cultural Relics (Trial) of the State Administration of Cultural Heritage, focus on the city’s administrative law enforcement on cultural relics, and present outstanding achievements to the Twentieth National Congress of the Communist Party of China.
(Chongqing Cultural Market Comprehensive Administrative Law Enforcement Corps)