Plunder and Preservation: Cultural Property Law and Practice in the People's Republic of China

Overview


In recent years, a lucrative international market has developed for antiquities and art of historical and cultural value brought out of china. This book examines Chinese law and practice regarding the protection and trade of cultural property. The author, a lecturer on the Faculty of Law at the University of Hong Kong, argues persuasively that China's restrictive laws governing the export of antiquities, combined with the current economic climate in the country, serve to foster the illicit trading that has been ...
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Overview


In recent years, a lucrative international market has developed for antiquities and art of historical and cultural value brought out of china. This book examines Chinese law and practice regarding the protection and trade of cultural property. The author, a lecturer on the Faculty of Law at the University of Hong Kong, argues persuasively that China's restrictive laws governing the export of antiquities, combined with the current economic climate in the country, serve to foster the illicit trading that has been fed by tomb-robbing and museum thefts on a massive scale.

This is the first book to present and explain systematically and clearly China's cultural property laws and the first to discuss the legal and international market implications of China's attitudes and practice toward cultural property. It will be a necessary reference for museum curators and administrators, lawyers engaged in cultural property disputes, and collectors of art and antiquities worldwide.

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Editorial Reviews

From the Publisher

"...an important contribution to the ongoing international debate on the status of cultural property law and in the future of China's incomparable legacy. David Murphy should be congratulated in bringing much of this debate into focus."--Asian Perspectives

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Product Details

  • ISBN-13: 9780195868746
  • Publisher: Oxford University Press, USA
  • Publication date: 12/14/1995
  • Pages: 224
  • Product dimensions: 5.81 (w) x 8.81 (h) x 0.70 (d)

Table of Contents

Note on English Translations
Foreword
Preface
1 Introduction 1
2 Cultural and Societal Context 13
Aspects of Chinese Culture 13
The Archaeological Movement 32
Art Market Development and Growth 37
3 The Imperilment of Cultural Property 44
Historical Perspective 44
The Economic Boom and Challenges to the Environment 50
Tomb-Robbing 52
Smuggling 56
Institutional Vulnerability 61
Official Acknowledgement of the Imperilment of Cultural Property 67
4 Laws Relating to Cultural Property 76
Overview of the System of Laws 76
The 1982 Cultural Relics Law 81
Administrative Structure 103
Local Legislation 106
Criminal Law Aspects 109
Customs 118
Underwater Relics 120
Miscellaneous Legislative Provisions 124
Current Protection and Enforcement Efforts 126
5 Transnational Aspects 143
Multilateral and Bilateral Involvements 143
The Flow of Cultural Property 153
Appendices: I. Chronological Table of Chinese Historical Periods 181
Appendices: II. Annotated Chronological Index of Selected People's Republic of China Statutory and Other Materials Relating to Cultural Property 183
Appendices: III. Note on Definitions 198
Index 201
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