比利时水下文化遗产立法对我国《水下文物保护管理条例》修订的参考意义

Significance of Belgian Legislation on the Protection of Underwater Cultural Heritage as a Reference to the Amendment of China’s Pertinent Regulations

《中华人民共和国水下文物保护管理条例》(以下简称“《条例》”)正在修订当中,与此同时,我国正在积极考虑加入《保护水下文化遗产公约》(以下简称“《公约》”)。为了使《条例》尽量符合《公约》的精神,在《条例》的修订过程中,《公约》的规定是不可避免的考虑因素。《公约》至今为止有60 个缔约国,而比利时是少数根据《公约》规定,重新订立相关法律的缔约国之一。虽然我国还没有加入《公约》,但是此时修订《条例》不可能不考虑《公约》的影响。了解缔约国在加入《公约》后对其本国立法作出何种调整,以及作出调整的原因,对我国目前正在进行的《条例》修订工作有着重要的参考意义。

Regulation of the People’s Republic of China Concerning the Administration of the Work for the Protection of Underwater Cultural Relics (hereinafter referred to as the “Regulation”) is currently being amended. Meanwhile, China is considering acceding to the UNESCO Convention on the Protection of Underwater Cultural Heritage (hereinafter referred to as the “Convention”). Amendments to the Regulation should therefore take the provisions under the Convention into account so as to conform to the spirit of the Convention as far as possible. There are 60 States Parties to the Convention to date. Among them, Belgium is one of the few States that have already reenacted relevant laws in accordance with the Convention upon accession. Although China has not yet joined the Convention, the influence that its provisions might have on the nation’s domestic legislation should be adequately accounted for when the Regulation is being amended. In this regard, it is important that China understand the adjustments that Belgium and other States Parties have made to their domestic legislations as well as the rationale of such adjustments.