China Environmental Law

Since China’s Law on Protection of Cultural Relics is often categorized among its environmental laws, I think this story qualifies for discussion here. 

You may have read recently about the construction of the Shanghai-Beijing high-speed railway.  This is a fantastic project which will propel China to the top rank of nations in terms of transportation infrastructure.  The line will pass through Nanjing, which, as its name suggests, has served as a capital of China on a number of different occasions.  As a result of its long and important history, it is chock full of relics and antiquities. 

China.org.cn is reportingthat during some initial ground survey work for the high-speed rail line last October pieces of pottery and bones were discovered in the proposed path of the line.  It was subsequently determined that the “23,000 sq m site in the Yuhuatai district of the city is home to countless relics dating back to the Shang (16th century-11th century BC) and Zhou (11th century-256 BC) dynasties.”

Since a complete excavation of the site would take at least a year, the Nanjing cultural heritage bureau recommended that the course of the rail line be changed, but the railway company refused citing the “national importance” of the project.  In reply, “the bureau issued a report saying the construction firm would therefore have to pay 5 million yuan to have all the relics excavated before proceeding with the build.” 

“These precious cultural relics absolutely must be excavated before construction continues,” Yang [Qinghua, vice-director of the cultural heritage bureau] said.

Under the Law on Protection of Cultural Relics, the cost of any archaeological investigation, prospecting or excavation - which has to be carried out because of a construction project - must be included in the overall budget, he said.

“You can’t just ignore them.”

Oh yes you can!  The railway contractor proceeded with construction activities without regard to the relics and almost 2,000 sq m of the site was “severely damaged” before municipal officials found out about the work and halted construction.  The contractor will reportedly be fined “between 50,000 and 500,000 yuan for the damage caused,” which I hope is in addition to having to pay, at least, the 5 million yuan relic excavation fee. 

It’s too bad that a tenth of the site was destroyed, but congratulations to the municipal authorities for stepping in and shutting this down.  I hope the explore the possibility of criminal sanctions here.  This wasn’t a case of negligence, it was a willful violation of the law.