Referring to Beijing Panjiayuan, Liulichang, Shanghai's Fuyou Road, Yuyuan Huabao Building, etc., there are a group of cultural relics "Taoke" from the south to the north, and the collection of folk cultural relics has always had a broad mass base, but has been wandering in the "gray area" of supervision.
The Measures for the Administration of the Operation of Cultural Relics Collected by Shanghai Citizens (hereinafter referred to as the "Measures"), which came into effect on March 1, 2020, for the first time include the cultural relics business activities of merchants in the antique and flea market into the scope of supervision, and the "purchase and sale of cultural relics in the antique market" can finally go to the "sunshine" to operate.
On January 8, the Shanghai Municipal Bureau of Justice, the Shanghai Municipal Bureau of Culture and Tourism, and the Cultural Relics Bureau jointly held a press briefing on the "Measures for the Administration of the Operation and Administration of Cultural Relics Collected by Shanghai Citizens".
At the meeting, it was revealed that the Administrative Measures for the Operation of Cultural Relics Collected by Shanghai Citizens will be implemented from March 1, 2020.
The Measures aim to further strengthen the supervision of the business activities of private collection of cultural relics and promote the healthy and orderly development of the cultural relics market. Among them, there are many highlights, this is the first provincial government regulation on the prosperity and regulation of the cultural relics market, and the "Measures" for the first time to include the antique market and e-commerce platform in the scope of supervision, which is an innovative move in the whole country.
"Shanghai Municipal People's Collection of Cultural Relics Management Measures" press briefing site
- Antique market purchase and sale of cultural relics is no longer "half covered by the pipa" -
There is an old saying: "The chaotic world hides gold, and the prosperous world hides treasure." "The collection of folk cultural relics has always had a broad mass base.
According to statistics, there are currently 53 cultural relics shops and 70 enterprises operating cultural relics auctions in Shanghai;
There are 11 antique and flea markets involved in the operation of cultural relics, and 1103 households in the market;
There are 317 Internet websites involving the operation of old objects and antiques (cultural play).
In recent years, as the price of cultural relics continues to rise, there have also been some "chaos" in the field of cultural relics circulation: the antique and flea market with cultural relics business activities has developed rapidly and wanders in the "gray area" of supervision; some lawbreakers have defrauded high fees through false appraisals, fictitious auctions, etc.; online cultural relics trading activities have become increasingly active, and it is urgent to strengthen supervision...
Beijing Panjiayuan Antique Market
The Measures clarify the main body of cultural relics business, and for the first time include the cultural relics business activities of merchants in the antique and antique market into the scope of supervision.
The "Cultural Relics Protection Law" stipulates that cultural relics stores and auction enterprises operating cultural relics auctions are two main types of cultural relics business entities, in practice, the antiques and antiques market with cultural relics operation is also more common, in order to meet the needs of folk cultural relics collection and trading at the same time, but also brought some regulatory difficulties, mainly due to the relevant laws and regulations stipulated that the approval conditions for cultural relics stores are very high, including more than 2 million yuan of registered capital, more than 5 personnel who have obtained professional and technical positions in cultural relics museums above intermediate level, etc. It is difficult to reach the merchants in the antique and antique market, but in fact, there are more or less cases of entrained cultural relics operations, wandering in the "gray area" of supervision.
In view of this situation, Article 9 of the Measures stipulates that merchants in the antique and antique market may obtain a permit for the establishment of cultural relics stores by the market organizers to engage in cultural relics purchase and sale business activities in accordance with the law, and clarify the management responsibility of the market organizers for the merchants engaged in cultural relics business activities in the market, thus forming a supervision model in which the government manages the antique market and the antique market manages the merchants. This initiative will enable a large number of small-scale merchants to legally carry out cultural relics business activities under the "sunshine", which will greatly stimulate market vitality.
It is reported that the cultural relics business activities of merchants in the antique flea market are included in the scope of supervision, which is also an important innovation of this legislation, which has been recognized by the State Administration of Cultural Heritage and accumulated experience for national legislation.
- There are norms for the management of cultural relics -
In view of the chaos in which some lawbreakers have defrauded high fees through false appraisals, fictitious auctions, etc.; online cultural relics trading activities are becoming increasingly active, and it is urgent to strengthen supervision and other chaos, the "Measures" have created a series of codes of conduct, such as requiring cultural relics business units to publicize relevant licenses, increasing the management responsibility of the organizers of antique and flea markets, prohibiting the sale of cultural relics by impersonating cultural relics, prohibiting fraudulent acquisition of cultural relics appraisal, exhibition, service and other expenses through fictitious auctions and false appraisals, and prohibiting misleading cultural relics buyers through false publicity. And set the corresponding legal responsibility, effectively protect the legitimate rights and interests of the public.
In view of the key areas and weak links in the supervision of cultural relics operation, it also clarifies the management responsibilities of the organizers of the antique and flea markets, the operators of e-commerce platforms, and the prohibited acts of cultural relics management.
- Shanghai has carried out more than 60,000 free cultural relics appraisal -
In view of the great demand for the appraisal of cultural relics in folk collections in the society, the "Measures" clearly require the establishment of a consulting service mechanism for the appraisal of cultural relics in folk collections.
Since 2017, Through the government's purchase of services, Shanghai has organized four units, namely, the Shanghai Cultural Relics Store, Duoyunxuan Group, the Shanghai Collection Association and the Shanghai Cultural Relics Protection and Research Center, to carry out the pilot work of free appraisal and consulting services for the normalization of private collection of cultural relics to the society, and formulated relevant work regulations.
Up to now, the four units have received more than 20,000 cultural relics collection enthusiasts, and more than 60,000 cultural relics have been identified free of charge, which has been widely welcomed by the public and widely praised by social opinion. The establishment of this service model has effectively curbed market chaos such as fraudulent activities in the name of cultural relics appraisal.
The State Administration of Cultural Heritage fully affirmed this work and issued a special notice requiring all provinces, autonomous regions and municipalities directly under the Central Government to refer to this "Shanghai model".
Shanghai Cultural Relics Store carries out free appraisal and consulting services for normalized folk collection of cultural relics to the society
- Cultural relics appraisal extended to cultural relics involved in administrative law enforcement cases -
The supervision of cultural relics business activities involves many departments and units such as market supervision, commerce, public security, customs, and the law enforcement corps of the Cultural and Tourism Bureau.
The Administrative Measures for the Appraisal and Assessment of Cultural Relics Involved in Cases jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, and the State Administration of Cultural Relics only stipulate the appraisal of "cultural relics involved in criminal cases of cultural relics crimes", but do not include the appraisal of cultural relics involved in administrative law enforcement cases.
In the process of drafting the Measures, the market supervision department and the bureau's law enforcement corps reflected that the appraisal of cultural relics is more professional, and it is difficult to confirm whether the subject of dispute is a cultural relic in the process of law enforcement.
This is an important reason why there are fewer administrative law enforcement activities for cultural relics business activities.
In order to solve this problem, the "Measures" make it clear that if the administrative department needs to identify the cultural relics involved in the case in carrying out the law enforcement activities of cultural relics operation, it may also entrust the appraisal institution identified by the State Administration of Cultural Heritage to conduct the appraisal. Thus the scope of identification of cultural relics involved in the case will be expanded to include administrative law enforcement cases.
At the same time, the Measures clarify the law enforcement coordination mechanism between relevant departments to ensure the smooth development of relevant administrative law enforcement activities.
This move is another important innovative practice of building a "multi-level cultural relics appraisal service system" on the basis of carrying out normalized public welfare appraisal and consulting services for the public collection of cultural relics for the society.
- Expand the evaluation of professional titles in the cultural and cultural system,
Strengthening the cultivation of cultural relics appraisal talents -
In the conditions for applying for the qualification and license of cultural relics business, there is a core element that cultural relics auction enterprises must have more than 5 senior professional title personnel of cultural relics and cultural relics stores, and cultural relics stores must have more than 5 professional intermediate professional title personnel, and these professionals are mainly concentrated in cultural and cultural institutions, so this requirement has long plagued cultural relics management enterprises.
For the first time, the "Measures" proposes to support the professional and technical personnel of cultural relics business units to participate in the evaluation of the titles of the cultural relics and the bo series, and to establish a talent training base for cultural relics appraisal and carry out professional training, etc., so as to provide strong talent support for promoting the high-quality development of cultural relics management enterprises.
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