Q: Why is this regulation made?
Famous historical and cultural cities, towns and villages are important parts of China's historical and cultural heritage. Effective protection of these historical and cultural heritages is an important cultural foundation for maintaining national cultural heritage and enhancing national cohesion, and it is also an inevitable requirement for building advanced socialist culture, thoroughly implementing Scientific Outlook on Development and building a harmonious socialist society. With the development of national economy and society, the urbanization process in various places has been obviously accelerated, and the contradiction between construction and protection has become increasingly prominent. The protection of famous historical and cultural cities, towns and villages faces some urgent problems:
First of all, due to over-exploitation and unreasonable utilization in some places, many important historical and cultural heritages are disappearing, and the traditional pattern and historical features are seriously damaged.
Second, the revision of protection planning lags behind, ignoring the overall protection of historical and cultural cities, towns and villages, and the scientific and seriousness of protection planning needs to be improved.
Third, protection measures are weak and management is not in place. In some places, development is emphasized, protection is neglected, and antiques are forged, resulting in the destruction of many historical buildings.
Fourth, the municipal infrastructure such as roads, water supply, drainage and power supply within the scope of protection is backward, historical buildings are in disrepair for a long time, and the living environment is poor, which can not meet the needs of people's daily life and even has great security risks.
Fifth, there is a lack of corresponding legal responsibility for illegal acts that destroy traditional patterns, historical features and historical buildings.
The CPC Central Committee and the State Council have always attached great importance to the protection of famous historical and cultural cities, towns and villages. The Law on the Protection of Cultural Relics and the Law on Urban and Rural Planning have established a protection system for famous historical and cultural cities, towns and villages, and clearly stipulated that the State Council should formulate protection measures. Therefore, the State Council has formulated this regulation. The implementation of the "Regulations" will further strengthen the protection of historical and cultural cities, towns and villages, help maintain and continue the traditional pattern and historical features, and safeguard the authenticity and integrity of historical and cultural heritage.
Q: What are the rules for the application and approval of famous historical and cultural cities, towns and villages?
In order to standardize the declaration and examination and approval of historical and cultural cities, towns and villages, and scientifically and reasonably determine historical and cultural cities, towns and villages, the regulations make the following provisions:
First, the application conditions of famous historical and cultural cities, towns and villages are clarified, and the materials that should be submitted when applying are stipulated.
The second is to clarify the approval procedures and authority of famous historical and cultural cities, towns and villages. Famous historical and cultural cities shall be submitted by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to the State Council for approval and promulgation; Famous historical and cultural towns and villages shall be applied by the local people's governments at the county level, and approved and promulgated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Third, urge the relevant local people's governments to declare in time. The relevant departments of the people's government at a higher level may make suggestions to the local people's government for those who meet the conditions and fail to declare historical and cultural cities, towns and villages; If it has not yet been declared, it may directly put forward suggestions to the examination and approval authorities to determine the city, town and village as famous historical and cultural cities, towns and villages.
Fourth, strengthen the protection responsibility of relevant local people's governments for historical and cultural cities, towns and villages. For historical and cultural cities, towns and villages that have been approved for publication, if their historical and cultural values are seriously affected due to poor protection, the approving authority shall include them in the endangered list and publish them, and instruct the people's governments of the cities and counties where they are located to take remedial measures within a time limit to prevent the deterioration of the situation, improve the protection system and strengthen the protection work.
Q: Protection planning is an important basis for the protection and management of famous historical and cultural cities, towns and villages. What are the provisions of the protection plan? How to ensure the scientific, democratic and open nature of protection planning?
In order to standardize the preparation, approval and revision of protection planning, and ensure the scientific, democratic and open nature of protection planning, the Regulations make the following provisions:
The first is to clarify the subject, time limit and approval subject of protection planning. The protection planning of historical and cultural cities shall be organized by the people's governments of historical and cultural cities, and the protection planning of historical and cultural towns and villages shall be organized by the people's governments at the county level where the historical and cultural towns and villages are located. The organization and compilation organ of the protection plan shall compile the protection plan within 1 year from the date of approval and publication of historical and cultural cities, towns and villages, and submit it to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval.
The second is to clarify the content, duration and preparation procedures of the protection plan. Before the protection plan is submitted for approval, the organization and implementation organ of the protection plan shall solicit the opinions of relevant departments, experts and the public; When necessary, a hearing may be held.
Third, emphasize the authority of protection planning. The organization and compilation organ of the protection plan shall publicize the approved protection plan, and the protection plan approved according to law shall not be modified without authorization, and strict modification procedures have been stipulated.
Fourth, it is stipulated that relevant departments of the State Council and local people's governments at or above the county level should strengthen supervision and inspection on the implementation of protection planning. Problems found should be corrected and handled in time.
Q: At present, due to over-exploitation and unreasonable utilization in some places, many important historical and cultural heritages are disappearing, and the traditional pattern and historical features are seriously damaged. What measures has the Regulations taken to strengthen the protection of famous historical and cultural cities, towns and villages?
In order to strengthen the protection of historical and cultural cities, towns and villages, the regulations establish the principle of overall protection of historical and cultural cities, towns and villages, strengthen the government's protection responsibility, stipulate strict protection measures, clarify the activities prohibited within the protection scope, and focus on strengthening the protection of historical buildings. The "Regulations" specifically provide as follows:
First, it is clear that historical and cultural cities, towns and villages should be protected as a whole, maintain the traditional pattern, historical features and spatial scale, and must not change the natural landscape and environment that are interdependent with them.
The second is to strengthen the government's responsibility to protect. The local people's governments at or above the county level where historical and cultural cities, towns and villages are located shall, according to the local economic and social development level and protection planning, control the population and improve the infrastructure, public service facilities and living environment of historical and cultural cities, towns and villages.
Third, the construction activities within the scope of protection shall conform to the protection plan, and shall not damage the authenticity and integrity of historical and cultural heritage, and shall not have a destructive impact on its traditional pattern and historical features.
Fourth, it is forbidden to carry out activities such as mountain cutting, quarrying and mining within the scope of protection; Other activities that affect the traditional pattern, historical features and historical buildings shall formulate a protection plan, which shall be approved by the competent department of urban and rural planning of the people's government of the city or county in conjunction with the competent department of cultural relics at the same level, and relevant procedures shall be handled according to law.
The fifth is to clarify the protection requirements for the core protection scope. For buildings and structures within the core protection scope, we should distinguish different situations and take corresponding measures to implement classified protection, requiring historical buildings within the core protection scope to maintain their original height, volume, appearance and color. At the same time, the examination and approval procedures for construction activities within the core protection scope are clarified, and the examination and approval authorities are required to organize expert argumentation and publicize the examination and approval items to solicit public opinions.
Sixth, strengthen the protection measures of historical buildings. The people's governments of cities and counties shall set up signs for the protection of historical buildings and establish archives. Owners of historical buildings are responsible for the maintenance and repair of historical buildings, and local people's governments at or above the county level may give subsidies. Historical buildings are in danger of being destroyed, and the owners have no ability to maintain and repair them. The local people's government should take measures to protect it. In principle, the protection of the original site of historical buildings must be removed for protection or demolition, which shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the protection departments determined by the cultural relics departments at the same level. External repair, decoration, additional facilities and changes in the structure or use nature of historical buildings shall be approved by the competent department of urban and rural planning of the people's government of the city or county in conjunction with the competent department of cultural relics at the same level.
Q: What are the legal responsibilities stipulated in the Regulations for acts that violate regulations and cause damage to famous historical and cultural cities, towns and villages?
In order to effectively strengthen the protection of famous historical and cultural cities, towns and villages, and effectively curb illegal acts that destroy historical and cultural heritage, the regulations clearly stipulate the legal responsibilities of the government and its relevant competent departments, set strict legal responsibilities for acts that destroy traditional patterns and historical features, and pay attention to the diversification of administrative penalties and legal responsibilities.
First, it is clear that the government and its relevant competent departments should bear the legal responsibility for failing to perform their duties of supervision and management, and failing to investigate and deal with illegal acts, illegal examination and approval and other dereliction of duty.
Second, acts that undermine the traditional pattern and historical features, such as cutting mountains, quarrying and mining within the scope of protection, changing the natural state of gardens, green spaces, rivers and lakes without approval, destroying or moving or demolishing historical buildings without authorization, shall be ordered to stop illegal acts, restore to the original state within a time limit or take other remedial measures; Illegal income, confiscate the illegal income; If it fails to restore the original state or take other remedial measures within the time limit, the competent department of urban and rural planning may designate a qualified unit to restore the original state or take other remedial measures on its behalf, and the expenses required shall be borne by the offender; If serious consequences are caused, a fine shall be imposed.
Third, distinguish different subjects of illegal acts and stipulate the legal responsibilities of unit illegal acts and individual illegal acts respectively.
Fourth, the combination of administrative punishment and civil liability. While imposing administrative penalties on related illegal acts, it is clear that offenders should bear civil liability in order to increase their illegal costs.
In addition, the regulations stipulate that those who destroy cultural relics of historical and cultural cities, towns and villages shall be punished in accordance with the provisions of laws and regulations on the protection of cultural relics; If a crime is constituted, criminal responsibility shall be investigated according to law.