试论民国时期古物保存法规产生之背景

The Background of Antiquities Preservation Regulations in Republic of China

近代已降,西方探险家纷纷来华掠夺文物,国内文物盗窃频发、古迹破坏严重,经《申报》《大公报》等报刊报道揭露后,直接激发了国人民族和文化意识的觉醒,特别是具有强烈文化自觉意识的知识分子,他们对此甚为不满与忧虑。为此,他们积极作为,对内请求严禁盗墓、破坏遗迹,对外主张维护主权、保留古物,发挥学者作用,推动政府采取必要应对之措施,试图通过国家立法来遏制文物盗掘与破坏,保护文化根脉和民族遗产,最终促成《古物保存法》等一系列相关法规的产生和实施。这些法律法规虽不十分完善,但这是中国文物保护有法可依的开端,使其走上了以法保物、以法护遗的正确道路,具有重要的历史和现实意义。

Since the end of Qing Dynasty,western explorers have come to China to plunder cultural relics.Domestic cultural relics and historical sites have been severely damaged.After reports and exposures in newspapers and magazines such as Shen Bao and Ta Kung Bao have directly stimulated the national and cultural consciousness of the Chinese people,especially those intellectuals with a strong cultural consciousness are very dissatisfied and worried about this.For this reason,they actively acted by requesting internally that tomb robbery and destruction of relics were strictly prohibited,externally safeguarding sovereignty,preserving antiquities,playing the role of scholars,and urging the government to take necessary responses,attempting to curb cultural relics theft and destruction through national legislation to protect cultural roots and national heritage,and ultimately contribute to a series of related issues such as the Antiquities Preservation Law.Although the production and implementation of a series of related laws and regulations are not perfect,they have opened the process of legalization in which the protection of Chinese cultural relics can be followed,and have embarked on the right track of protecting remains and heritage by law,which has important historical and practical significance.