中国法律中地下文物国有的原则,可以追溯到1930年中国颁布的第一部文物保护法律《古物保存法》。但该原则在最终写入《古物保存法》前,却经历了重大修改。在最初的《采掘古物暂行条例》草案中,采掘所得的古物由发掘者和国家平分,后因古物保管委员会的力争,才最终确立了“概归国有”的原则。 The principle of state ownership of underground cultural relics in Chinese law can be traced back to the first Antiquities Conservation Act promulgated by China in 1930. However, the principle has undergone major changes before it is finally written into the Antiquities Preservation Act. In the original Draft Provisional Regulations on Mining Excavated Antiquities, the antiquities collected by the excavations were equally divided between the excavators and the state. After the Antiquities Steering Committee struggled, the principle of “vesting the state” was finally established.