民國以來古物保存法制之誕生背景試析（1911-1930）

Abstract

This paper will examine the legal design and development of the law-making on cultural heritage in modern China. The evolving process revealed its complexity and complications due to foreign and domestic pressures. Facing the intruding oppression from western archeology, the stealing and devastation of antiquities within China and spreading influence of nationalism, Chinese government was aware of the fact that antiquity trafficking was a serious problem. With all the external and internal pressures and followed by ethos of nationalism, the government finally was aware of the importance of cultural heritage conservation and forced to take necessary administrative measures to meet the demand. Beiyang Government (the Warlord regime) firstly announced ”Provisional Administrative Measures on Antiquities Conservation” in October 1916. Ministry of Interiors also announced Antiquity Investigation Charts and Manual of Antiquity Investigation administrative rules as emergency measures. Founded in the end of October 1928, the Institute of History and Philology, Academia Sinica initiated indirectly the rise of modern archeology in China as a new discipline opening a fresh academic perspective and offering new methodologies, and furthermore promoted by scholars such as Fu Sinian and Li Chi. As a member of Antiquities Conservation Committee of the Academy and Central Commission for the Preservation of Antiquities, the two scholars also participated the policy making and implementation of national cultural heritage preservation in China. A few major incidents took place in the north of China from 1928 to 1929. The outbreak of ”Shang Zhen Argument” (the dispute between local and central government over cultural heritage authority) and He Zi-zhang (Director of Henan Museum) Incident, the two events jeopardized the authority of cultural heritage conservation handled by Central Government. The Nationalist Government realized if they did not take these matters seriously, which would lead to disruption of authority about cultural heritage. The central government ordered the Legislative Yuan to initiate the legalization process. The Legislative Yuan finished the law-making within 6 months, and announced Regulation of Antiquities Conservation with only 14 articles on June 2nd 1930. Up until now the legalization of Chinese cultural heritage preservation was completed. Reviewing the development of legalization of Chinese cultural heritage in the recent 20 years, there are three major characteristics. Firstly, in terms of legal form the legalization was an advancing process from administrative orders to national law-making. Secondly, in terms of the legal target, the scope of legalization from antique objects extended to the raw materials of modern archeology. Thirdly, in the respect of safeguarding the legalization, Chinese archeology played a supportive role in the process of legalization. The aforementioned characteristics have provided an early picture and evolving process of legalization of Chinese cultural heritage.