3.2.2 The Legislation Development on Architectural...
Architectural heritage is a part of cultural relics in China, which are called Architectural Relics.[40]Chinese historic documents of cultural relics research can be dated back to 17th and 18th centuries,[41]but the consciousness of preserving and reusing historical buildings has existed since ancient times.The typical case is the Forbidden City that was built in 1406 during the Ming Dynasty.It was once preserved and reused by 24 emperors as their palace.During this process, numerous craftsmen who maintained the buildings developed unique restoration techniques.The legislation on historic architecture are the important part of cultural relics conservation law which have been promulgated in feudal period.In 1906, the later Qing dynasty government promulgated Promotional Measures on Conservation of Antiquities, requiring the regional governments to investigate all heritage sites and report their findings to the Ministry[42].In 1916, Provisional Regulation on the Conservation of Antiquities was promulgated and defined five categories of antiquities, architectural relics such as the tombs of royals and their predecessors, places of interest were included.[43]But conscious consideration of protection of historical architecture with respect for heritage value was rare in that time.
3.2.2.1 Exploratory Stage: Before the Founding of the People’s Republic of China
Figure 3-4.Drawing Room in Ying Zao Xue She
Until 1919, the theoretical research and practice of protection activities that took into account the heritage value of ancient architectures began with the republishing of the 13th century book- Ying Zao Fa Shi.[44]In 1929, Zhu Qiqian, the former Minister of Public Works and Deputy Premier, who participated in the conservation of the Forbidden City from 1910 to 1920 as well as other historic building conservation projects in Beijing, initiated the Ying Zao Xue She[45](Fig.3-4) to research historic architecture in China.The society members such as Liang Sicheng, Liu Dunzhen, etc.devoted many years to the surveying, mapping, researching ancient architectures (Fig.3-5,3-6), publishing a series of books such as Qing Structural Regulations[46], Compilation of the Society for Research in Chinese Architecture,[47]recording precious materials and research results.[48]From that beginning, modern conservation concepts and practices began to develop.
Figure 3-5.Liang Sicheng and his Wife Lin Huiyin
Due to the civil war and Second World War, cultural heritage sites in most areas of China suffered trauma.In 1928, the Chinese Ministry of Interior Promulgated Regulations Governing the Preservation of Scenic Resorts, Ancient Remains and Relics, and established the Central Commission for the Preservation of Antiquities.[49]In 1930, The Law on the Preservation of Antiquities was promulgated, which is the first legislation issued by a Central Government in China, governing preservation, ownership, excavation, circulation and the export of antiquities.[50]In 1932, the first heritage management department, the Antiquities Preservation Central Committee was established.In 1935, the Ancient Capital Cultural Relics Organizing Committee was specially formed to protect the architectural heritage sites of Beiping.[51]In 1944, the Cultural Relics Preservation Committee in War Zones was set up to compile a Catalogue of Wartime Cultural Relics for the avoidance of war damage.During this period, rescuing and preserving architectural heritage was the main task in Chinese heritage policy.
Figure 3-6.Lin Huiyin on the Beam of the Clock Tower
3.2.2.2 Fundamental Stage: From 1949 to the End of 1970s
Efforts to effectively protect architectural heritage with law can be seen from the PRC’s foundation.Due to resistance to the old Imperial society and its Republican hangover, added to the large-scale construction demands of the new society period, the status of ancient architecture protection in the beginning of the New China was not optimistic.For this phenomenon, the new government circulated special instructions to protect important ancient buildings.In 1949, under the appointment of newly organized Central Departments, Liang Sicheng organized and compiled the Outline of National Important Architectural Relic and attached the Guidelines for the Maintenance of Ancient Buildings, emphasizing the daily maintenance needs, environmental protection methods, moisture prevention, fire prevention, and theft prevention for ancient buildings.Even though these efforts were made, there were still huge numbers of historic buildings destroyed.A typical occurrence was the demolishing of ancient city walls and many historic buildings in Beijing due to new city construction.
In 1953 and 1956, due to the serious destruction of cultural relics occurring in urban construction and agricultural production, the government issued a series of notices and instructions protecting cultural relics, and proposed various ideas to integrated the cultural relics into the present plans of city construction.In 1960, the State Council issued the Provisional Regulations on the Administration of Cultural Relics Protection, promoting the specialization and systematization of cultural relics protection and management system.Since then, a hierarchical protection system was established for preserving and managing cultural relics according to national, provincial, municipal and count level.In 1961, the State Council issued the Instructions of the State Council on Enhancing the Protection and Management of Cultural Relics, and released the first batch of national key cultural relics, including sites, ancient buildings, historical monuments, temples, stone carvings, sculptures and ancient tombs.In 1963, Interim Measures for the Protection and Management of Officially Protected Sites and Interim Management Measures for the Repair and Maintenance of Revolutionary Buildings, Historic Buildings, Ancient Buildings and Grotto Temples was promulgated by the Ministry of Culture.[52]
For ten years during the Chinese Cultural Revolution, many cultural relics were destroyed.Change was finally made in 1974, the State Council issued the Notice on Strengthening the Protection of Cultural Relics, and emphasizing the ‘authenticity’ preservation concept, opposing the reconstruction of the damaged cultural relics.During this time, administrative orders were the main norms for cultural relics protection, and the scope of cultural heritage was limited to the monument.The idea of combining heritage protection with new urban construction began to sprout.(https://www.daowen.com)
3.2.2.3 Open-communication Stage: Since 1978 Until 2000
Since the promulgation of the reform and openingup policy in 1978 which resulted in leap in economic productivity, an open-mind to new proposals in many areas of governance, and more opportunities to communicate with world, the theory and practice level of Chinese architectural heritage preservation reached a new stage.In 1979, The State Administration of Urban Construction puts forward Opinions on Strengthening Urban Landscaping Work, stipulating the protection of cultural relics and historic sites in scenic areas.
1982 is the key year in the field of Chinese cultural heritage protection.On February, the State Council approved the concept of National Famous Historical and Cultural City, released the Notice on the Approval and Release of the Request of the National Construction Commission and Other Government Departments for the Protection of Historically and Culturally Famous Cities in China, and published the First List of Historically and Culturally Famous Cities in China in addition to the First National List of Major Scenic Spots in China.[53]Later, the State Council proposed the concept of Historical and Cultural Areas which aimed to protect urban blocks and rural areas which are not famous but possess historic and cultural significance.Since then, the protection of individual monuments has been combined with their surroundings, extended into historical areas and the concept of integrated protection of architectural heritage has been promoted.In November, the Standing Committee of the 5th National People’s Congress promulgated the Law of the People’s Republic of China on Protection of Cultural Relics as a basic national law.In doing so, the protection system of Chinese cultural relics has risen to the level of the National Constitution.Combined with the specific conditions of different development periods, this law has been continuously revised in 1991, 2002, 2007, 2013, 2015 and 2017 respectively.In this way, China developed a relatively comprehensive conservation legislation for protection of cultural heritage.
Finally, in 1985, China became a High Contracting Party of the UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage.From 1986, China began to identify and nominate its heritage sites.At the same time, the Academic Committee for the Protection of Historical and Cultural Cities was established, organizing several conferences on strengthening the protection of ancient Chinese cities.In 1988, The Ministry of Construction and the Ministry of Culture jointly issued the joint Notice on Key Investigations and Protection of Excellent Modern Buildings to survey and preserve buildings which were built during 1840-1949.
In 1992 and 1993, the Government issued the Rules for the Implementation of the Law on Cultural Relics Protection and the Regulations on the Protection of Historical Cultural City.In 1996, an International Conference on the Protection of Historic Districts was held in Tunxi.Added to this, in 1998 an International Conference for Mayors of Historic Cities in China and the European Union was held in Suzhou.The meeting adopted the Suzhou Declaration which encouraged States to “develop an effective conservation policy particularly through urban planning measures to preserve and rehabilitate historic urban districts, respecting their authenticity” and “promote sustainable development of historic cities, towns and districts of different cultures, ecological environments in different stages of evolution”.[54]In 1999, China became a member state of the World Heritage Committee.
In 2000, China ICOMOS promulgated the Principles for the Conservation of Heritage Sites in China with the approval of the State Administration of Cultural Heritage (SACH), which drawing up with the assistance of the Getty Conservation Institute and Australian Heritage Commission.The concepts of relic preservation gradually transformed into cultural heritage conservation.Chinese preservation systems were gradually integrated into international policies regarding cultural heritage protections.
3.2.2.4 Maturity Stage: Forming the Chinese Characteristics Preservation Concepts with Respect for the International Policy
Entering the 21st century, with the large scale of construction and the updating of living facilities, a large number of unlisted historic buildings and districts were destroyed, which greatly aroused the public’s enthusiasm to study and protect their traditional heritage.At the same time, international communication and exchanges in the field of heritage protection had an unprecedented increase in activity.Numerous important international conferences on architectural heritage were held in China, including the UNESCO International Conference on Cultural Heritage Management and Urban Development: Challenge and Opportunity held in Beijing in 2000; the 28th Session of the World Heritage Committee held in Suzhou in 2004; the 15th ICOMOS General Assembly held in Xi’an in 2005; the 2nd International Conference on Heritage Conservation and Sustainable Development held in Shaoxing in 2006.With these conferences the conservation policies of architectural heritage were also produced.International conservation principles gradually became the main guiding ideology in Chinese architectural heritage conservation projects.
During this period, national legislations and academic activities were strengthened.In 2005, the State Council issued the Notice on Strengthening the Conservation of Cultural Heritage, stated basic principles, overall goals and major measures, which reached a new level of the heritage conservation in China.Since 2006, SACH has annually organized the Wuxi Forum on the conservation of China’s cultural heritage, focusing on conservation and utilization of cultural heritage, industrial heritage, sustainable development of World Heritage Sites, strengthening the legal protections system, and discussing the new types of architectural heritage such as vernacular buildings, twentieth-century heritage, cultural routes, heritage canals, and other sites.
However, concerns over specific conservation principles, the application of international conservation methods in Chinese heritage site projects has caused numerous problems.Domestic heritage protections began to realize that international conservation principles cannot be directly applied to the unique nature of traditional buildings within China.Many well-trained heritage protection experts have put forward their own views, in part to defend Chinese conservation methods.Forming specific Chinese principles with their own characteristics is essential to promote harmony in the understanding and promotion of domestic cultural heritage affairs.
In 2005, the Symposium of Contemporary Architectural Heritage Scholars was held in Qufu, resulting in the adoption of the Qufu Declaration.This is a specific principle developed for Chinese architectural heritage conservation, based on decades of experience in traditional Chinese architectural protection practices.
Meanwhile, numerous international conferences were held to discuss architectural heritage conservation methods for the Orient.In 2007, SACH, ICCROM, ICOMOS and the UNESCO World Heritage Centre held an International Symposium on the Concepts and Practices of Conservation and Restoration of Historic Buildings in East Asia in Beijing.This conference addressed the concerns and recommendations of the 30th Congress of the World Heritage Committee on the current restoration work of the Forbidden City, the Temple of Heaven and the Summer Palace in Beijing and followingup to the disputes arising between western and eastern world on the conservation principles.Beijing Document on the Conservation and Restoration of Historic Buildings in East Asia was produced.In 2008, the International Symposium on the Conservation of Painted Wood Architectural Surfaces in East Asia held in Beijing.Finally, the Beijing Memorandum on the Conservation and Restoration of Caihua (decorative painting on wood) in East Asia was adopted.
In view of the new international policy concerning Oriental practices, materials, and techniques, and the discussion of domestic architectural heritage experts on the protection of architectural heritage with Chinese characteristics, in 2010, it was decided to revise Principles of the Conservation for Heritage sites in China.The new edition which published in 2015 reinforces protection methods with Chinese characteristics on architectural heritage, and answered questions that were not resolved in previous versions.For example, on the issues of replacement, reconstruction, authenticity, and architectural painting methods.
During this time, based on international policies and domestic characteristics, China has developed its own principles for heritage site conservation.At the same time, the legislation concerning heritage protection has been further improved, the research into the results of heritage protection have increased significantly, and China's traditional conservation concepts to architectural heritage is gradually taking shape