News 1+1丨Modern masters calligraphy and painting, why are they not allowed to leave the country?
Recently, the State Administration of Cultural Heritage issued a notice that 41 modern masters of calligraphy and painting are not allowed to leave the country. How to implement it after it is introduced? And why did you draw up a list of famous artists who restricted the export of seven types of works after 1911, including ceramics, sculptures, fans, embroidery, seals, smoking pots, and lacquerware? "News 7+1" invited Huo Zhengxin, a professor at the School of International Law of China University of Political Science and Law, to pay a common attention: why are modern masters of calligraphy and painting not allowed to leave the country?
In order to strengthen the protection of cultural relics and prevent the loss of precious cultural relics in modern and modern times, the State Administration of Cultural Heritage recently issued a notice revising the list of famous artists whose late calligraphy and painting works were restricted from leaving the country after 1911, among which 41 modern masters such as Zhang Daqian, Feng Zikai and Liu Haisu were not allowed to leave the country.
How is this list defined?
Huo Zhengxin, Professor of the School of International Law, China University of Political Science and Law: I think the determination of these lists is a comprehensive consideration, including a comprehensive evaluation based on the artistic value, cultural relics value, scientific research value of these works, as well as their stock in China and the situation of export.
Ceramics, sculptures, embroidery, seals... Why are these 7 types of famous works also restricted from leaving the country?
Huo Zhengxin, professor at the School of International Law, China University of Political Science and Law: The standards of cultural relics that need legal protection are constantly changing with the times. The Law on the Protection of Cultural Relics stipulates that precious works of art from various periods in history can be included in the protection objects of the Law on the Protection of Cultural Relics. With the development of the times, social progress and economic development, the historical, artistic, literary and even academic values carried by ceramics, fans, lacquerware, etc. are gradually increasing. Therefore, this time, the State Administration of Cultural Heritage has included these seven types of modern and modern arts and crafts in the list of prohibited exports, reflecting the development of society.
How to understand "no exit allowed"? Can I still go abroad for exhibitions?
Huo Zhengxin, professor at the School of International Law, China University of Political Science and Law: Interpreted literally, it seems that "no exit is allowed" means that no exit is allowed. But legally, this is not an accurate interpretation. This is because according to Article 60 of the Law of the People's Republic of China on the Protection of Cultural Relics, state-owned cultural relics, non-state-owned precious cultural relics and cultural relics whose export is prohibited by the State are prohibited from exporting, except for outbound exhibitions and those approved by the State Council for special reasons. Therefore, it can be seen that these modern and modern artworks that are "not allowed to leave the country" can still be exhibited abroad. The main purpose of the document is to prevent the loss of these precious cultural relics in modern times, not to prevent their temporary exhibitions abroad, so this will not affect the international dissemination of Chinese cultural relics.
If there are no restrictions, what is the loss of these famous calligraphy and paintings overseas?
Huo Zhengxin, Professor, School of International Law, China University of Political Science and Law: The scope of cultural relics that a country needs to protect is constantly changing according to social, economic and other developments. With the development of society, we have become increasingly aware of the value of modern cultural relics and included them in the list of this ban on export. If these cultural relics are allowed to be exported abroad, it will undoubtedly lead to the loss of China's precious cultural heritage, and once it is lost, it will become very difficult for us to recover it with legal means in the future.
Who will do the gatekeeping? How can customs improve its identification and interception capabilities?
Huo Zhengxin, Professor of the School of International Law, China University of Political Science and Law: In recent years, the State Administration of Cultural Heritage and Customs have been carrying out cooperation and training in improving the capacity of cultural relics law enforcement. Now the number of people leaving the country every year in our country is very large, but when we leave the country, the passengers' goods are usually inspected by X-ray machines. If suspicious cultural relics that are prohibited from being exported are detected, customs officers will ask them to open the box for inspection on the spot. If it is judged that it is not subject to control, it is released; If it is preliminarily judged to belong to or may belong to the controlled cultural relics, it will cooperate with experts in the entry and exit examination of cultural relics for on-site verification; If the cultural relics are subject to control in the preliminary examination, they will be detained. China has 21 cultural relics entry and exit examination and inspection offices, all cultural relics export declarations will be strictly examined, and only cultural relics that have been approved and allowed to be exported can be exported. On the one hand, relying on technology, on the other hand, it is also necessary to increase the punishment of the law. The revised notice of the State Administration of Cultural Heritage also reflects our increased efforts to protect modern and modern cultural relics. At the same time, with the current Cultural Relics Protection Law being revised and possible amendments to the criminal law in the future, I think our country will become more and more vigorous in the protection of cultural relics.
There are also 158 famous masters who are not allowed to leave the country! How is a "Masterpiece" determined?
Huo Zhengxin, professor at the School of International Law, China University of Political Science and Law: The identification of representative works is indeed a very professional matter. As far as I know, the 21 examination and appraisal offices for the entry and exit of cultural relics are all experts in the identification of cultural relics in China, including those who are specially responsible for the identification of porcelain and those who are specially responsible for the identification of modern and modern paintings and calligraphy. As for the identification of representative works, I think that in principle, experts from these audit and inspection offices will evaluate them. If the appraisal of some representative works that are particularly difficult is encountered, the competent department of national cultural relics will cooperate with experts to carry out appraisals to make the identification of representative works more scientific and reasonable.