This ppt evaluates the cultural heritage in China and Spain declared by the Unesco. It explain the main mechanism used to preserved the heritage and what the China´s law discuss about the cultural property and Spanish law. ( General features)

1. CULTURAL HERITAGE
SILVIA MARIA GONZÁLEZ FERNÁNDEZ

2. COMPARISON BETWEEN SPAIN AND
CHINA IN CULTURAL HERITAGE LAW
Historical, Cultural, and Educational Interests
Cultural property preserved within its country of origin has ethnological,
historical, cultural, and educational worth. These values are enhanced for the
source nation by the presence of the property within its borders. Presence in the
source nation maintains a link between the artifact and its geographical and
historical milieu.
The Confucio illustrates the critical importance of resident cultural property.

3. METHOD OF HERITAGE PROTECTION

The method of heritage protection can be divided into two kinds: static and
dynamic. Cultural relics should be protected by museum-style, it's static
protection; language and other non-material cultural heritage in order to be
protected by living state. Static protection is based on protecting inheritors,
to make them play an active role in their the non-material cultural heritage
and development
.

4. MECHANISM TO KEEP THE HERITAGE

First, to make local volunteers and community residents as the main role of
cultural heritage protection, to establish volunteer protection mechanisms,
to arouse self-consciousness and action of the local population to protect
the cultural heritage; second, in the process of protection the government
and non-governmental organizations must respect cultural rights of local
people and right of development so as to effectively protect the legitimate
rights and interests of local people; Third, to play down the role of experts,
not pre-empt, or imposed
.

5. The World Heritage Convention

The most significant feature of the 1972 World Heritage Convention is that it
links together in a single document the concepts of nature conservation and the
preservation of cultural properties. The Convention recognizes the way in which
people interact with nature, and the fundamental need to preserve the balance
between the two.

6. UNESCO
United Nations Educational and Scientific Organization (UNESCO) has since
promoted
various conventions and other instruments for the conservation of cultural heritage,
including the following:
 ·
Recommendation Concerning International Competitions in Architecture
and Town Planning (1956);
 ·
Recommendations on International Principles Applicable to Archaeological
Excavations (1956);
 ·
Recommendations Concerning the Safeguarding of the Beauty and
Character of Landscapes and Sites (1962);
 ·
Recommendations Concerning the Preservation of Cultural Property
Endangered by Public or Private Works (1968);
 ·
Recommendations Concerning the Protection at National Level of the
Cultural and Natural Heritage (1972);
 ·
Convention Concerning the Protection of the World Cultural and Natural
Heritage (1972) which introduced the concept of World Heritage Sites;
 ·
Recommendations Concerning the Safeguarding and Contemporary Role
of Historic Areas (1976).

7. UNESCO’s Convention Concerning the Protection of the World Cultural and
Natural Heritage (1972) has defined cultural heritage by the following
classifications:
 ·
Monuments: architectural works, works of monumental sculpture and
painting, elements or structures of an archaeological nature, inscriptions,
cave dwellings and combinations of features, which are of outstanding
universal value from the point of view of history, art or science;
 ·
Groups of buildings: groups of separate or connected buildings
which, because of their architecture, their homogeneity or their place in the
landscape, are of outstanding universal value from the point of view of
history, art or science;
 ·
Sites: works of man or the combined works of nature and of man, and
areas including archaeological sites which are of outstanding universal
value from the historical, aesthetic, ethnological or anthropological points of
view.


8. CULTURAL HERITAGE IN CHINA. UNESCO

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
China
Ancient Building Complex in the Wudang Mountains
Ancient City of Ping Yao
Ancient Villages in Southern Anhui – Xidi and Hongcun
Capital Cities and Tombs of the Ancient Koguryo Kingdom
China Danxia
Classical Gardens of Suzhou
Dazu Rock Carvings
Fujian Tulou
Historic Centre of Macao
Historic Ensemble of the Potala Palace, Lhasa 1
Historic Monuments of Dengfeng in “The Centre of Heaven and Earth”
Huanglong Scenic and Historic Interest Area
Imperial Palaces of the Ming and Qing Dynasties in Beijing and
Shenyang
Imperial Tombs of the Ming and Qing Dynasties

9. 15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
Jiuzhaigou Valley Scenic and Historic Interest Area
Kaiping Diaolou and Villages
Longmen Grottoes
Lushan National Park
Mausoleum of the First Qin Emperor
Mogao Caves
Mount Emei Scenic Area, including Leshan Giant Buddha Scenic Area
Mount Huangshan
Mount Qingcheng and the Dujiangyan Irrigation System
Mount Sanqingshan National Park
Mount Taishan
Mount Wutai
Mount Wuyi
Mountain Resort and its Outlying Temples, Chengde
Old Town of Lijiang
Peking Man Site at Zhoukoudian
Sichuan Giant Panda Sanctuaries - Wolong, Mt Siguniang and Jiajin Mountains
South China Karst
Summer Palace, an Imperial Garden in Beijing
Temple and Cemetery of Confucius and the Kong Family Mansion in Qufu
Temple of Heaven: an Imperial Sacrificial Altar in Beijing
The Great Wall
Three Parallel Rivers of Yunnan Protected Areas
Wulingyuan Scenic and Historic Interest Area
Yin Xu
Yungang Grottoes

10. SPAIN. CULTURAL HERITAGE. UNESCO
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Alhambra, Generalife and Albayzín, Granada
Aranjuez Cultural Landscape
Archaeological Ensemble of Mérida
Archaeological Ensemble of Tárraco
Archaeological Site of Atapuerca
Burgos Cathedral
Catalan Romanesque Churches of the Vall de Boí
Cathedral, Alcázar and Archivo de Indias in Seville
Cave of Altamira and Paleolithic Cave Art of Northern Spain
Doñana National Park
Garajonay National Park
Historic Centre of Cordoba 2
Historic City of Toledo
Historic Walled Town of Cuenca
Ibiza, Biodiversity and Culture

11. 15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
La Lonja de la Seda de Valencia
Las Médulas
Monastery and Site of the Escurial, Madrid
Monuments of Oviedo and the Kingdom of the Asturias
Mudejar Architecture of Aragon
Old City of Salamanca
Old Town of Ávila with its Extra-Muros Churches
Old Town of Cáceres
Old Town of Segovia and its Aqueduct
Palau de la Música Catalana and Hospital de Sant Pau, Barcelona
Palmeral of Elche
Poblet Monastery
Prehistoric Rock Art Sites in the Côa Valley and Siega Verde
Pyrénées - Mont Perdu
Renaissance Monumental Ensembles of Úbeda and Baeza

12. 15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Rock Art of the Mediterranean Basin on the Iberian Peninsula
Roman Walls of Lugo
Route of Santiago de Compostela
Royal Monastery of Santa María de Guadalupe
San Cristóbal de La Laguna
San Millán Yuso and Suso Monasteries
Santiago de Compostela (Old Town)
Teide National Park
Tower of Hercules
University and Historic Precinct of Alcalá de Henares
Vizcaya Bridge
Works of Antoni Gaudí 6

13. THE CHINA CONSTITUITION AND THE PROPERTY





Article 12 Socialist public property is inviolable.
The state protects socialist property. Appropriation or damaging of state or
collective property by any organization or individual by whatever means is
prohibited.
Article 13 The state protects the right of citizens to own lawfully earned income,
savings, houses and other lawful property.
Article 22 The state promotes the development of art and literature, the press,
radio and television broadcasting, publishing and distribution services, libraries,
museums, cultural centers and other cultural undertakings that serve the people
and socialism, and it sponsors mass cultural activities.
The state protects sites of scenic and historical interest, valuable cultural
monuments and relics and other significant items of China's historical and
cultural heritage.

14. CHINA´S CULTURAL HERITAGE



China's cultural heritage consists of both tangible and intangible cultural
heritage. Tangible cultural heritage refers to cultural relics with historical,
artistic and scientific values, including movable and unmovable cultural
relics.
1. Movable cultural relics include ancient cultural remains, ancient
tombs, ancient architectures, grotto temples, stone carvings, murals, and
important remains and representative buildings in the history of modern
China.
There are nearly 400,000 registered sites of unmovable cultural relics in
mainland China so far. Administration by levels is exercised on the
protection of unmovable cultural relics in China. Important unmovable
cultural relics are classified as sites under protection at county &
municipal, provincial or state levels. In China, there are so far 2352 sites
under the state-level protection, 9396 sites under the provincial-level
protection and 58,300 sites under the county or municipal-level
protection. Moreover, 103 cities are designated as "Historically and
Culturally Famous City".

15. 
Legal system building has been constantly improved and a system of laws and
regulations on cultural relics protection has been basically developed.

In 1982, China issued the Law of the People's Republic of China on the
Protection of Cultural Relics, the country's first law in the field of cultural relics.
The Law was revised in October 2002. Within the framework of the Law, the
Ministry of Culture and the State Administration of Cultural Heritage have drawn
up some 30 regulatory documents and administration regulations, and a number
of local regulations have been released. In addition, China has joined the four
international conventions concerning the protection of cultural heritage, including
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export
and Transfer of Ownership of Cultural Property (1970).

16. 



In addition, major explorations have been conducted in the following three
aspects:
A) Improve the legal system concerning the protection of cultural relics and
their surroundings, continue to strengthen the law enforcement and further
speed up theoretical studies so as to make sure that legal means and
theoretical studies will play a bigger role in the protection of cultural relics.
B) Speed up the compilation of plans for the protection of cultural relics so
that they can be given proper protection under the guidance of protection
plans. Meanwhile, more efforts should be made in facilitating protection
plans to be integrated into overall urban development plans, urban system
plans and economic and social development plans, and in working out
measures to implement protection plans on the dimension of country
administration.
C) Try our utmost to guarantee the implementation of significant protection
projects such as large-scale remains in cities, complete a number of model
projects for the protection of key heritage sites, gradually develop a good
natural, cultural and ecological environment for the protection of cultural
relics, achieve harmonious and sustainable development of local
communities and natural environment and upgrade living standards of local
people.

17. 
Articles on the protection of artifacts are included in the criminal law. The
cultural relics protection law was passed in 1982 and amended in 1991. A new
cultural relics protection law was passed in 2002. Rules and regulations issued
by the ministry of culture and state administration of cultural heritage guide have
implemented theses laws
.

18. SPANISH LAW- CULTURAL HERITAGE

Law 16/1985 of 25 June on Spanish Historical Heritage.
• PART I. DECLARATION OF INTEREST CULTURAL PROPERTY (Articles 9 to
13)

They are subject to this Act the protection, enhancement and transmission to
future generations of Spanish Historical Heritage.
2. Integrate the Spanish Historical Heritage buildings and movable objects of
artistic, historical, paleontological, archaeological, ethnographic, scientific or
technical. Also part of the bibliographic and documentary heritage, and
archeological sites and natural sites, gardens and parks, which have artistic
value, historical or anthropological.
3. The most important property of the Spanish Historical Heritage should be
inventoried or declared of cultural interest in the terms provided in this Act

19. 
Article 6.
For the purposes of this Act shall be construed as the competent for execution:
a. Each Autonomous Community are responsible for the protection of
historical heritage.
2. The statement by Royal Decree require prior initiation and processing of
administrative proceedings by the competent authority as provided in Article 6 of
this Act shall state on the record of a favorable report of consultative institutions
mentioned in Article 3, paragraph 2, or have recognized the same character in
the context of a region. Three months after the application of the report
which had not been issued, it is understood that the favorable opinion is required
the declaration of cultural interest. When the dossier is for real estate are
available as well, opening a period of public information and shall be heard by
City
Council
concerned.
3. The file should resolve within a maximum period of twenty months from
the date on which it was initiated. The file expiration will occur within that
period if the delay has been reported and if no decision within four months after
the complaint. Expired file may not be initiated again in the next three years,
except at the request of the holder.
4. May not be declared of cultural interest the work of a living author, unless
there is express permission of the owner or half its acquisition by the
Administration.
5. it can be processed by the competent administrative record, which must
contain a favorable report and rationale of some of consultative institutions, to be
agreed by the King's statement .

20. SOME CONCLUSIONS….
The rich cultural heritage of Southeast Asia has been
recognized as an asset that attracts visitors and generates
income for this region Revitalization of heritage structures and
precincts, and the development of cultural heritage tourism
initiatives have fostered strong community ownership and helped
ensure the values of cultural heritage. Innovative interpretations
of historic sites, public art programs and special cultural events
are the essential ingredients of a successful agenda for cultural
heritage tourism. Nonetheless, planning and management of
cultural heritage tourism in Southeast Asia have met with several
shortcomings. The major challenge has been to work effectively
with all stakeholders in cultural heritage to understand the needs
and constraints of the host communities, whilst at the same time
upholding the principles of conserving cultural heritage.

21. 

The cultural heritage tourism segment in Southeast Asia reflects
the need for strong government commitment and leadership to
enforce effective regulations to protect cultural heritage from
development threats. Several initiatives have been employed
including fairs, exhibitions, seminars and workshops to gather
more public awareness on the importance of cultural heritage
conservation for tourism. The ASEAN symbol of solidarity is being
realized through the establishment of smart partnerships for the
transfer of know-how, technology and experience in managing the
vibrant cultural heritage cities. Community participation at various
levels would serve well in preserving the cultural fabric that shape
and mould the notable heritage milieu of the Southeast Asian
cities. In time, it is hoped that the intrinsic meanings and values of
cultural heritage conservation would transcend all stakeholders,
tourists, the NGOs, local communities as well as the younger
generations.