China Economic Net July 21st, a few days ago, the State Administration of Cultural Heritage issued the "Opinions on Further Promoting the Development of Non-State-owned Museums" (hereinafter referred to as "Opinions"). Guan Qiang, deputy director of the State Administration of Cultural Heritage, responded when he answered questions.
Reporter: Why should the country vigorously promote the development of non-state-owned museums?
Guan Qiang: The emergence of non-state-owned museums is an inevitable outcome of China's sustained and stable economic and social development. It is an important achievement in the reform and development of the cultural field. It also reflects the culture of private collections from “private collection†to “social sharingâ€. Self-consciousness and realm improvement.
First of all, promoting the development of non-state-owned museums is conducive to optimizing our museum system and filling in the gaps in the category. In recent years, China's non-state-owned museums have increasingly become an important part of China's museum system, concentrated in two aspects: rapid growth in numbers and continuous improvement in levels. Since 2013, the growth rate of non-state-owned museums has surpassed that of state-owned museums, and the proportion in the museum system in China has been expanding. By the end of 2016, there were 1,297 non-state-owned museums officially registered in the country, accounting for 26.6% of the total number of museums in the country (4873). There are 11 non-state-owned museums rated as National First, Second and Third Class Museums (725 in total), including 1 national first-level museum, 1 national secondary museum, and 9 third-level museums. Representatives of non-state-owned museums with industry influence, such as the West City Museum, Jianchuan Museum, Guanfu Museum, and Shanghai Glass Museum. In addition, some non-state-owned museums have also formed their own content features in the collection, from traditional Chinese medicine, wood and stone gold carving, brocade embroidery, shadow play, printing and dyeing and other non-material cultural heritage, to watch glasses, lock scissors, agricultural machinery, old cameras, Tea sets, badges, philatelic currency and other daily necessities with the imprint of the times can all become the collection theme of non-state-owned museums, filling many gaps in the museum category in China.
Secondly, promoting the development of non-state-owned museums is conducive to enriching the supply of public cultural services and building and improving the modern public cultural service system. As the main place for public cultural services in the field of cultural and social affairs, the museum's public cultural service products are based on collection exhibitions and social education activities. They have the dual characteristics of real, objective and vivid, which is unmatched by other public cultural service organizations. Advantage. The unique, flexible and diverse exhibitions and activities provided by the non-state-owned museums have greatly enriched the museum's public cultural service product system. On the one hand, the people's spiritual and cultural needs are increasingly strengthened and diversified. On the other hand, the enthusiasm of social forces to participate in the provision of public cultural services is increasing. To achieve an effective connection between cultural needs and cultural supply, the state has introduced in recent years. The Law of the People's Republic of China on Public Cultural Services Guarantee and the "Opinions on Doing a Good Job in Government's Purchasing of Public Cultural Services to Social Forces" and other laws, regulations, and policy documents, support and encourage social forces to give full play to the role of enriching the diverse supply of public cultural services. . In 2016, the State Council issued the "Guiding Opinions on Further Strengthening the Work of Cultural Relics", explicitly encouraging social forces to participate in the protection of cultural relics. Promoting the development of non-state-owned museums is an important measure taken by the State Administration of Cultural Heritage to attract social forces to participate in the construction of public cultural services in the museum field.
Third, promoting the development of non-state-owned museums is conducive to stimulating social vitality and protecting and inheriting the fine traditional Chinese culture. The so-called "Sheng Shixing Collection", in recent years, the enthusiasm of social capital to participate in the protection of cultural relics, especially the folk collection, is growing, which reflects the cultural consciousness and social responsibility of people of insight for the protection and inheritance of cultural relics. Nowadays, more and more folk collectors have transformed their personal collections into museum legal property by holding non-state-owned museums. This is of great significance for raising public awareness of cultural relics protection, promoting the rational use of cultural relics, and protecting and inheriting Chinese outstanding traditions. Give high recognition and active support.
Reporter: Can you talk specifically about the problems and difficulties in the development of non-state-owned museums?
Guan Qiang: Although non-state-owned museums have developed rapidly, according to the research and evaluation of non-state-owned museums by the State Administration of Cultural Heritage in recent years, their development is still in the exploratory stage, and the problems are concentrated in the following three aspects:
First, internal management is not standardized. Mainly reflected in:
First of all, some non-state-owned museums have not fulfilled the procedures for the establishment of private non-corporate legal persons. There are two kinds of violations: one is unregistered according to law and is an unincorporated unit; the other is registered as an enterprise legal person by the industrial and commercial department. None of the above two situations can be called a non-state-owned museum in the true sense.
Second, asset management is not standardized and the system is not sound. According to the assessment of the operation of non-state-owned museums by the State Administration of Cultural Heritage in 2014, 74% of the 674 non-state-owned museums participating in the assessment did not complete the process of confirming the legal rights of legal persons. The collections were not officially filed and actually still held as organizers. Personal property; 50% did not have an asset management system, and more than 35% could not be audited regularly according to the requirements of the civil affairs department for private non-corporate legal persons. Of course, there are also some non-state-owned museums that do a better job. For example, the Xi'an Datang West City Museum has always adhered to the specifications of the collections of state-owned museums before and after the opening of the museum, and registered the collections of the museum, and reported them to the Xi'an Cultural Relics Bureau; the organizer of the museum, Mr. Lu Jianzhong, also signed a contract with the Datang West City Museum. The donation agreement clarifies that the donation collection belongs to the museum. Through the above-mentioned methods, the legal rights of the legal person and the standardized management of the cultural relics are completed.
Third, the corporate governance structure is not perfect, and the board system has not yet been established. In recent years, the State Administration of Cultural Heritage issued the “Guiding Opinions on the Establishment of Non-State-owned Museums†and the “Model Texts of Non-State-owned Museumsâ€, which set special requirements for non-state-owned museums with a corporate governance structure centered on the board system. However, in actual implementation, most non-state-owned museums have not really established a corporate governance structure centered on the board system, and some have not formed a board of directors in accordance with the charter. Some even have established a board of directors that is ineffective and does not really play a role.
Fourth, the positioning is not clear and the collection policy is not clear. At present, the system of non-state-owned museums is relatively simple. From the perspective of the main body, non-state-owned museums invested by individual forces account for more than three-quarters of the total, while non-state-owned museums based on enterprises, institutions and social groups are only a minority. Most non-state-owned museums organized by individual forces have the phenomenon of homogenization with state-owned museums, lacking a sense of complementarity and affecting their own development and layout. According to statistics, more than 70% of the individual "antique" collections are still less than 30% of the collection concept of "collecting today for tomorrow". The experience of the Jianchuan Museum in rescue collection is worth learning. The museum is dedicated to the rescue of the economic and social development of China. After the Wenchuan Earthquake in 2008, the museum went to the disaster area to collect tens of thousands of earthquake objects, including 7 state-level cultural relics such as the first rescue boat that reached Yingxiu after the earthquake.
Fifth, the authenticity of the collection and the legality of its source are worrying. In recent years, the authenticity of collections of non-state-owned museums has become increasingly prominent. In the evaluation of the standardization construction of non-state-owned museums in 2013, the score of “collective and reliable, with identification certificate†was only 54.9 points (percentage), which was unsatisfactory. The events at the Suibaozhai Museum, the Lufeng Museum in Xifeng County, and the Longsheng Museum in Shenzhen have caused widespread concern in the society and caused adverse effects. In addition, although our laws explicitly prohibit private collections and purchases of unearthed cultural relics, some non-state-owned museums established by private collectors do contain collections of suspected cultural relics, making it difficult to provide valid proof of legal origin. In the 2013 non-state-owned museum standardization construction evaluation report, “the source of the collection is legal, the ownership of the museum is clearâ€, and a score of 58.9 points (percentage) is also unsuccessful.
Second, the service performance is not good. Mainly manifested in:
The first is that the exhibition level needs to be further improved. The exhibition has a poor communication effect, focusing on the “relics exhibitionâ€, simply placing the cultural relics in a row, lacking the interpretation of the exhibits and the serialization and interpretation of relevant knowledge, and some even fictional history, lack of scientific spirit, and individual exhibitions are full of fakes. Falsely and misleading the audience. The frequency of exhibitions and exhibitions is low, and there are fewer temporary exhibitions. It is difficult to see often.
Secondly, the function of the museum's educational function is not taken seriously. There are still many shortcomings in the organization and personnel of education, the analysis of the educational resources of the museum, the planning and implementation of educational courses and educational activities, and the effective connection with the school. The educational function has yet to be tapped. The Shanghai Glass Museum is a typical representative of the development of educational activities in non-state-owned museums. The educational activities of the “glass glass parent-child workshop†and “glass glass laboratory†have formed the brand of educational activities of the museum. At the same time, the museum has basically achieved break-even through the income of tickets and educational activities.
Third, integration into the public life is not enough. Some non-state-owned museums lack understanding of the needs of the public, especially the needs of residents in the surrounding communities. There are cases of “self-respect†and “self-entertainmentâ€. The public service products provided are also relatively simple, and the effectiveness of public cultural services has not been fully explored.
Third, there are difficulties in continuing operations.
On the one hand, non-state-owned museums have not yet achieved their own benign operation. According to incomplete statistics, nearly half of the assets of non-state-owned museums rely entirely on the input of the organizers. The museum's own hematopoietic function is lacking, and it has long-term dependence and even attachment to the organizer. It cannot achieve self-management and independent operation, and the corporate governance structure cannot operate effectively.
On the other hand, some of the existing support policies have not yet reached the ground. In 2010, the “seven departments' opinions†clearly required all localities to effectively solve the problems of the housing and funding guarantees of private museums, but the implementation of various localities was different. Many non-state-owned museums are not able to enjoy the preferential treatment of public welfare institutions, land, tax incentives, electricity, water, gas, and heating prices to implement local residents' standards.
According to the communication between the State Administration of Cultural Heritage and the Provincial Cultural Relics Bureau, the main reasons for the difficulty are: First, the local government and relevant departments have insufficient understanding and poor implementation. Some provinces have reported that it is difficult to implement due to the lack of operability rules in the relevant departments. Second, many non-state-owned museums themselves do not know the relevant policies. For example, according to the Notice of the Ministry of Finance and the State Administration of Taxation on the Relevant Issues Concerning the Management of Non-profit Organizations' Tax-free Qualifications, the non-profit organization's tax-free qualifications must be submitted to the corresponding taxation department (in the province's civil affairs registration, to the province) The tax department applies; if it is registered in the city or county, it applies to the taxation department of the city or county), and many non-state-owned museums do not understand the relevant policies, and fail to complete the tax-free qualification certification of non-profit organizations, so they cannot enjoy the relevant tax exemption policy. In addition, some non-state-owned museum organizers did not separate the operation of the museum from the operation of the company, which is one of the reasons why the policy is difficult to achieve.
Reporter: Compared with the opinions of the seven departments in 2010, what new measures have been taken in the "Opinions" issued this time?
Guan Qiang: In recent years, the State Administration of Cultural Heritage has encouraged and supported the construction and development of non-state-owned museums by regulating access management, implementing counterpart assistance, conducting operational assessments, and strengthening personnel training. Especially in 2010, the State Administration of Cultural Heritage, together with the Ministry of Civil Affairs, the Ministry of Finance, the Ministry of Land and Resources, the Ministry of Housing and Urban-Rural Development, the Ministry of Culture, and the State Administration of Taxation jointly issued the "Opinions on Promoting the Development of Private Museums". The three levels of environment and promotion have provided strong policy support for the development of non-state-owned museums. The document was actively implemented by various localities, such as Fujian, Shandong, Beijing Chaoyang District, Nanjing, Suzhou, Luoyang, Kaifeng, Xi'an, Chengdu and other places to promote local documents to promote the development of non-state-owned museums; Guangdong, Shanghai, Ningbo and other places have set up special subsidies for the development of non-state-owned museums, which has played a positive role in promoting the development of non-state-owned museums.
This time, the "Opinions" were again introduced. First, in order to respond to new changes in the policy environment and social needs, and second, to further promote the implementation of existing policies. From the nine "Opinions on Promoting the Development of Private Museums" seven years ago, to the current 16 "Opinions on Further Promoting the Development of Non-State-owned Museums", the change is not only the quantity, but also the non-state-owned museum under the new situation. New positioning, new planning, and new layout for development. Mainly reflected in the following eight aspects:
One is the change in name and definition. In 2015, the “Museum Regulations†was promulgated and implemented, and the reference to “private museums†in the past was collectively referred to as “non-state-owned museumsâ€. The definition was clearly defined as “utilizing or mainly using non-state-owned assets, and non-profits registered by the registration management organs according to law. organization". These are all clearly stated in this Opinion. In addition, the Museum Regulations provide a basis for the establishment, alteration, termination, management and service of non-state-owned museums, and the relevant requirements are also throughout the "Opinions".
The second is the change in roles and positioning. With the successive promulgation and implementation of the Law of the People's Republic of China on Public Cultural Services and the General Principles of the Civil Law of the People's Republic of China in 2016 and 2017, the role of non-state-owned museums has changed, and functions and functions have expanded. Contemporary non-state-owned museums are no longer just collections and preservation institutions for cultural relics, but also multiple identities such as public cultural service organizations and non-profit organizations. In this "Opinions", we put forward new normative opinions on non-state-owned museums based on the latest requirements of the "Public Cultural Service Organization" and "Non-profit Legal Person" in the new law. For example, if a non-state-owned museum is an important public cultural service institution, it should adhere to the correct direction of running the museum, always adhere to the people as the center, adhere to the direction of the advanced socialist culture, inherit the fine traditional Chinese culture, and promote the core values ​​of socialism. To clarify non-state-owned museums as non-profit legal persons, they should be strictly managed according to law, establish and improve the council system, implement legal person property rights and improve the withdrawal mechanism. In particular, the remaining property may not be distributed and can only be used for public welfare purposes. For museums with the same or similar purpose (according to the relevant provisions of Chapter III of Chapter III of the General Principles of Civil Law).
Third, the requirements for collection and management of collections are more clear. For example, the confirmation of the collection of the collection, the strengthening of the guidance on the collection activities, the filing of the collection and the construction of the database, etc., all put forward new and clear requirements in the "Opinions", especially the provision of identification services, In the area of ​​collection management and protection and restoration, priority is given to providing assistance measures such as personnel and technical support to guide and encourage non-state-owned museums to further regulate collection management in accordance with museum professional standards.
Fourth, more differentiated support in improving support policies. This "Opinions" clarifies the direction and focus of the state's guidance on the development of non-state-owned museums. If it is explicitly stated, the non-state-owned museums will be included in the museum quality evaluation system, and the non-state-owned museums that are rated as national first, second and third grades, especially those with excellent evaluation results, can fill the gaps in the museum category, reflect the characteristics of the industry or regional characteristics. Non-state-owned special museums that reflect the national (folk) culture provide priority support in terms of free open subsidies, special fund arrangements, personnel training, and inter-library exchange and sharing mechanisms. For newly established non-state-owned museums with actual needs, improve the record-keeping mechanism, organize experts to provide business guidance, and explore the establishment of a “museum special commissioner†system for selected non-state-owned museums, and select state-owned museums. Technicians go to non-state-owned museums where they need to help improve the business level of collection identification, protection and restoration, and exhibition planning.
The fifth is to encourage localities to strengthen institutional and institutional innovation and explore multi-subject cooperation. For example, it is proposed to improve the government procurement service mechanism, explore the model innovation of government and social capital cooperation in the field of non-state-owned museums, and encourage qualified places to explore multi-subject cooperative mode in the new museums at the county level. Under the premise of changing the ownership attribute of state-owned collections and the nature of the use of the premises, the qualified social forces are allowed to participate in the construction and operation management of the museum infrastructure and provide professional services in accordance with the law, so as to effectively exert social power in terms of resources, technology, and collection. The advantages have become a useful complement to state-owned museums.
Sixth, encourage non-state-owned museums to broaden the funding channels for the establishment of the museum and enhance their own hematopoietic capacity. In 2016, the "People's Republic of China Charity Law" promulgated by the General Office of the State Council and the Ministry of Culture and other departments of the "Notice on Promoting the Development of Cultural and Creative Products of Cultural and Cultural Relics" and other regulations and documents, for non-state-owned museums to raise and develop multi-channel Funding provides new ideas. On the basis of communication with the Ministry of Civil Affairs, the Ministry of Culture and other relevant departments, we put forward suggestions in this "Opinions" to support non-state-owned museums as legally recognized as charitable organizations, accept social donations, obtain public fundraising qualifications or initiate the establishment of foundations, and Enjoy the corresponding rights and obligations; support non-state-owned museums to engage in cultural and creative product development, apply for cultural industry development related financial support, and enjoy relevant preferential policies.
Seven is the first time to explore the establishment of information disclosure and credit file systems in the field of non-state-owned museums. It is clear that non-state-owned museums should publish their annual reports on an annual basis, and competent cultural relics at all levels should include the establishment of an information disclosure system into the evaluation indicators. Exploring the establishment of a non-state-owned museum credit file system led by the museum industry organization, especially to strengthen the record of information on dishonesty and accepting administrative punishment.
Eighth is to actively promote the implementation of existing policies. This "Opinions" is not only a perfection and supplement to the opinions of the seven departments in 2010, but also to clarify and promote the original relevant measures, and clearly require all localities to implement the "last mile" policy. In the next step, the State Administration of Cultural Heritage will conduct research and guidance on the implementation of localities, and carry out experience summarization and promotion of areas with solid innovation measures and effective implementation.
Reporter: In the next step, what specific measures will the National Cultural Relics Bureau take to ensure the implementation of the Opinions?
Guan Qiang: Doing a good job in the implementation of the Opinions will be an important task for the current and future period of the State Administration of Cultural Heritage and local cultural relics. Next, the State Administration of Cultural Heritage will focus on promoting the related work from the following three aspects:
First, do a good job in the confirmation and registration of non-state-owned museum collections. Guide the provincial cultural relics departments to explore ways to gradually complete the registration and confirmation of non-state-owned museum collections by signing donation agreements. On this basis, in accordance with the requirements of the State Council's "Guiding Opinions on Further Strengthening Cultural Relics Work", relying on the existing results and platforms of the first national movable cultural relics census (hereinafter referred to as "one pu"), drawing on the "one pu" registration procedure and Standards and regulations, the non-state-owned museums are included in the national cultural relics registration system, and the collection of non-state-owned museums is gradually completed.
The second is to actively play the role of the museum industry organization. Guide the China Museum Association to strengthen the construction of professional committees for non-state-owned museums, and give full play to the positive role of the special committees in platform construction, resource integration and inter-library exchanges and cooperation.
The third is to strengthen work supervision. Strengthen the work supervision of the implementation of the Opinions, conduct investigations and studies at the grassroots level, and promptly resolve new situations and new problems arising in the implementation of the Opinions.
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