Art Law in China: What’s new

Navigating international cultural heritage law requires knowledge of a patchwork of legal systems. Some are straightforward, others less so. China falls into the latter category. With its vast history and evolving political priorities, understanding its cultural property laws is uniquely challenging. With China’s latest overhaul of its Cultural Property Protection Law, the landscape has changed yet again.

A brief introduction to the structure of the law

To understand the scope of these changes, it helps to understand the structure of the law itself. First introduced in 2002, China’s Cultural Relics Protection Law is divided into eight chapters, each covering a distinct aspect of how cultural heritage is to be treated. The chapters range from the general (Chapter 1: General Provisions) to the quite specific. These chapters cover immovable relics (Chapter 2), archaeological excavations (Chapter 3), public collections (Chapter 4), private ownership (Chapter 5), import and export (Chapter 6), legal liabilities (Chapter 7), and, for good measure, some supplementary rules to catch anything left behind (Chapter 8: Supplementary Provisions).

These provisions have been tweaked many times over the past twenty years - mostly to relax some of the harsh initial restrictions and allow certain cultural goods to be borrowed and traded with more ease.  But the 2024 revisions mark a more ambitious and ideological shift.

What changed in 2024?

The revised law strengthens protection of cultural assets, clarifies how they should be exploited and displayed, encourages digitalisation, and toughens penalties for violators. Above all, however, the updated version of the law reshapes how many of these provisions are understood and applied. A scan of the law’s new language soon reveals that it has been written with the “the great founding spirit” of the Community Party of China (CPC) in mind.

This ideological anchoring is not subtle. Article 4 of the revised law mandates that all relics (the word used in China for cultural property) shall adhere to the guidance of the Communist Party of China (CPC) and its core values. Article 12 establishes that the State, at all levels, shall take measures to strengthen the protection of cultural relics linked to the history of the CPC, its revolutionary leaders, and its major meetings, weaving them in the official national story.

Beyond the ideological framing, the revised law deserves genuine credit for institutionalising what had long been ad hoc protections and bringing coherence to a once piecemeal set of protections. It formalises mandatory archaeological surveys before land development and designates subterranean and underwater “protection zones”, essentially ensuring that developers consult with history before breaking ground. It also outlines a clear process for handling relics discovered during construction works. In a country where urban expansion regularly uncovers treasures, this is no small matter. Indeed, just a few years ago, 1,574 cultural relics were discovered during the construction of a metro line in Xi’an and 4,600 were discovered whilst expanding Xi’an airport.

The revised law also tasks the State, at all administrative levels, with promoting the digital management of relic inventories and encouraging the investment in scientific and technological protection of cultural goods (Article 17). The law emphasises the importance of handling cultural relics effectively while ensuring their safety, highlighting the concept of "bringing cultural relics to life". Cultural relics are now required to be made available for public viewing, with museums tasked to provide engaging educational content.

Equally notable is the revised law’s approach to the private market of cultural relics. On paper, individuals can collect relics through legal means, but the law forbids the acquisition of state-owned relics, “precious” relics in non-state-owned collections, and any foreign cultural relics deemed lost and subject to repatriation (Article 68). The law also strengthens mechanisms for the recovery of stolen or lost artefacts abroad and reiterates the country’s right to reclaim heritage regardless of how long ago it was removed (Article 81).

Sales and auctions of cultural relics are subject to stricter licensing, advertising rules, and post-sale recordkeeping (Articles 70 et seq.). While auctioneers must report all sales to the government, buyers have the right to request anonymity (Article 74). This subtle compromise shows that Chinese lawmakers understand the art world’s preference for discretion, even within a heavily regulated framework.

The revised law also reasserts strict controls on exports. As with previous iterations of the law, state-owned relics and “precious” relics may not be permanently exported under any circumstance. Temporary export is allowed, but only for exhibitions (subject to close examination and approval by the competent authority) and they must have been previously exhibited within China. “First-grade” cultural items (as designated from time to time by the State Council) are forbidden from leaving the country, even for foreign exhibitions.

The law’s enhanced enforcement architecture is also noteworthy. Where previous iterations of the law leaned on gentle nudges, the 2024 revision comes equipped with something closer to a sledgehammer. Violations can now incur fines of up to 10 million yuan (approximately £1m), licenses can be revoked, and, in serious cases, responsible managers may find themselves personally fined. The law even opens the door to public interest litigation, allowing prosecutors to pursue relics-related offences. At a time when relic theft and construction-based destruction remain pressing threats, these measures are arguably overdue.

Ultimately, the 2024 revision of the Cultural Relics Protection Law is both a preservation milestone and a political manifesto. The message is unmistakable: China is redrawing the legal map of cultural property—on its own terms, and with characteristic precision.

The revised law sets a high bar for conservation, streamlines fragmented rules into a single, navigable framework, and insists on accountability at every level, from local museums to multinational auction houses. It also embraces digitalisation, encourages responsible stewardship, and makes clear that cultural heritage is not just about the past. It’s about political identity, national pride, and soft power.

In short, it’s part legal toolkit, part ideological compass.

For those navigating the Chinese art market, this law is now the lodestar. And if you're looking for a cultural relic of your own, make sure it’s not “first-grade”, “precious” or state-owned, or you might find yourself tangled in red tape.