China should "appropriately" open the cultural relics market on the basis of tight management and monitoring, and allow for private trading conditionally, said Zhou Keyu, vice-chairman of the Law Committee of China's National People's Congress, when explaining the draft at the beginning of a five-day legislative session in Beijing.

Private citizens are only allowed to purchase cultural treasures from certified shops and auction houses under the existing laws, or obtain them through inheritance, or donation.

Zhou said that there had debate among lawmakers during previous reviews on whether treasures could be traded privately.

Some say that private trading is a Chinese tradition, and some relics collectors wish to augment their collections through private trading as people have more and more spare money to spend. Moreover, private collection is an alternative for protection of cultural relics, they say.

Others argue that to open the market without tight management might lead to more tomb robbery and smuggling.

Taking both sides into consideration, Zhou said that the draft amendments presented to lawmakers Wednesday stipulate that citizens may obtain cultural relics "through private trading or exchanges" and cultural relics legally obtained may be circulated in markets.

The draft law also defines types of relics that are not allowed to be traded in free markets.

As to the auction markets, Zhou said that there were as many as 160 auction houses dealing with cultural relics in the country, and many relics were fakes and imitations, which also helped encourage tomb robbery and smuggling.

According to the new draft amendments, auction houses dealing with cultural relics must be certified by the administrative body of the State Council.

The state is entitled to the pre-emptive right to precious cultural treasures, the draft law stipulates.

(People's Daily April 24, 2002)