Article 2 of the "Cultural Relics Protection Law of the People's Republic of China" (revised on October 28, 2002) Within the territory of the People's Republic of China, the following cultural relics are protected by the state: (1) Historical and artistic , ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings and murals of scientific value; (2) Important monuments with important commemorative, educational or historical value related to major historical events, revolutionary movements or famous figures in modern times. Historical relics, objects and representative buildings; (3) precious artworks and arts and crafts from different periods in history; (4) important documents and materials from different historical periods, manuscripts and books with historical, artistic and scientific value, etc. ; (5) Representative objects that reflect the social systems, social production and social life of various eras and ethnic groups in history. The standards and methods for cultural relics appraisal shall be formulated by the cultural relics administrative department of the State Council and submitted to the State Council for approval. Ancient vertebrate animals and ancient human fossils with scientific value are protected by the state like cultural relics. Article 64 Anyone who violates the provisions of this law and commits any of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law: (1) Excavating ancient cultural sites and ancient tombs; (2) Deliberately or negligently damaging precious cultural relics protected by the state ; (3) Selling or giving away state-owned cultural relics to non-state-owned units or individuals without authorization; (4) Selling or giving away precious cultural relics banned by the state to foreigners without permission; (5) Reselling cultural relics banned by the state for profit; 6) Smuggling cultural relics; (7) Stealing, looting, privately dividing or illegally appropriating state-owned cultural relics; (8) Other behaviors that hinder the management of cultural relics and should be investigated for criminal responsibility. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Impairing the Management of Cultural Relics [2015] No. 23 (2015 10 12 The 1663rd Meeting of the Judicial Committee of the Supreme People's Court, the 12th Procuratorial Committee of the Supreme People's Procuratorate) The 43rd Meeting 2015438 In accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and the Cultural Relics Protection Law of the People's Republic of China, several issues concerning the applicable laws in handling such criminal cases are hereby explained as follows: Article 1: "Cultural relics prohibited from export by the state" stipulated in Article 151 of the Criminal Law. If smuggling of Class II cultural relics prohibited from export by the state in accordance with the "Cultural Relics Protection Law of the People's Republic of China" shall be punished in accordance with Article 151 of the Criminal Law. According to the provisions of paragraph 2, a person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined; anyone who smuggles first-class cultural relics prohibited by the state shall be deemed to be a "particularly serious case" as stipulated in paragraph 2 of Article 151 of the Criminal Law; Those who smuggle third-level cultural relics prohibited by the state shall be deemed to be "minors" as stipulated in Paragraph 2 of Article 151 of the Criminal Law. If the level of cultural relics cannot be determined for smuggling state-banned cultural relics, or the punishment for conviction based on the level of cultural relics is obviously too light. If the value of the smuggled cultural relics is more than 200,000 yuan and less than 1 million yuan, the person may be sentenced to five to ten years in accordance with the provisions of paragraph 2 of Article 151 of the Criminal Law. The following fixed-term imprisonment and a fine; cultural relics worth more than one million yuan shall be deemed to be "particularly serious" as stipulated in paragraph 2 of Article 151 of the Criminal Law; cultural relics worth more than 50,000 yuan but less than 200,000 yuan If the amount is 150,000 yuan, it shall be deemed to be a "less serious crime" as stipulated in the second paragraph of Criminal Law Article 151. Article 2 Theft of general cultural relics, third-level cultural relics, and second-level or above cultural relics shall be deemed as "less serious crimes" under Article 26 of the Criminal Law respectively. Article 14 of the “large amount”, “huge amount” or “especially huge” cultural relic theft cannot determine the level of the cultural relic, or if the conviction and sentencing are obviously too light or too heavy based on the level of the cultural relic, the value of the stolen cultural relic shall be used. Conviction and sentencing. Article 3 The entity of a national key cultural relics protection unit or a provincial-level cultural relics protection unit shall be recognized as a "national key cultural relics protection unit or a provincial-level cultural relics protection unit" as stipulated in the first paragraph of Article 324 of the Criminal Law. cultural relics".
Intentionally destroying precious cultural relics protected by the state or cultural relics designated as national key cultural relics protection units or provincial cultural relics protection units, and any of the following circumstances occurs, shall be deemed as a "circumstance" stipulated in the first paragraph of Article 324 of the Criminal Law. "Serious": (1) causing damage to five or more level three cultural relics; (2) causing damage to level two or above cultural relics; (3) causing serious damage or loss to national key cultural relics protection units and provincial cultural relics protection units; ( 4) Multiple destruction or damage to multiple national key cultural relics protection units and provincial cultural relics protection units; (5) Other serious circumstances. Anyone who commits the acts listed in the preceding paragraph and refuses to implement the administrative decision or order issued by the state administrative department for cultural relics to stop infringement of cultural relics shall be severely punished as appropriate. Article 4 The core scenic spots of scenic spots and ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings, murals, important modern and contemporary historical sites, representative buildings, etc. that have not been determined as national key cultural relics protection units or provincial cultural relics protection units are not allowed to be used. The body of the movable cultural relics shall be recognized as a "state-protected scenic spot" as stipulated in Paragraph 2 of Article 324 of the Criminal Law. Intentional damage to nationally protected scenic spots and historic sites under any of the following circumstances shall be deemed to be a "serious circumstance" as stipulated in paragraph 2 of Article 324 of the Criminal Law: (1) causing serious damage or loss of scenic spots and historic sites; (2) ) Destroying or damaging multiple places of interest multiple times; (3) Other serious circumstances. Anyone who commits the acts listed in the preceding paragraph and refuses to implement the administrative decision or order issued by the state administrative department for cultural relics to stop infringement of cultural relics shall be severely punished as appropriate. Anyone who intentionally damages cultural relics in a scenic area that is designated as a national key cultural relics protection unit or a provincial cultural relics protection unit shall be convicted and sentenced in accordance with the provisions of Article 324, paragraph 1, of the Criminal Law and Article 3 of this Interpretation. Article 5 Whoever negligently damages precious cultural relics protected by the state or cultural relics that have been designated as national key cultural relics protection units or provincial cultural relics protection units and falls under any of the circumstances stipulated in items 1 to 3 of paragraph 2 of Article 3 of this Interpretation shall It should be determined as "causing serious consequences" as stipulated in the third paragraph of Article 324 of the Criminal Law. Article 6 Anyone who sells or purchases, transports or stores cultural relics prohibited by the state as stipulated in the "Cultural Relics Protection Law of the People's Republic of China" shall be deemed as "trading cultural relics prohibited by the state" as stipulated in Article 326 of the Criminal Law. Any sale of cultural relics prohibited by the state under any of the following circumstances shall be deemed to be a "serious circumstance" as stipulated in Article 326 of the Criminal Law: (1) Selling third-level cultural relics; (2) The transaction amount exceeds 50,000 yuan The above; (3) Other serious circumstances. The acts specified in the preceding paragraph, if any of the following circumstances occur, shall be deemed to be "particularly serious" as stipulated in Article 326 of the Criminal Law: (1) reselling cultural relics of Class II or above; (2) reselling more than five items of Class III cultural relics Class-level cultural relics; (3) The transaction amount is more than 250,000 yuan; (4) Other particularly serious circumstances. Article 7 If state-owned museums, libraries and other state-owned units violate cultural relics protection laws and regulations by selling or privately donating state-protected cultural relics to non-state-owned units or individuals, they shall be charged with illegal sale in accordance with the provisions of Article 327 of the Criminal Law. Or be held criminally responsible for the crime of privately donating cultural relics. Article 8 The ancient cultural sites and ancient tombs mentioned in Paragraph 1 of Article 328 of the Criminal Law include underwater ancient cultural sites and ancient tombs. "Ancient cultural sites and ancient tombs" are not limited to ancient cultural sites and ancient tombs announced as immovable cultural relics. If illegal excavation has damaged the historical, artistic, and scientific value of ancient cultural sites and ancient tombs, the crime of illegal excavation of ancient cultural sites and ancient tombs shall be deemed to have been completed. Anyone who uses destructive means to steal ancient cultural sites, ancient buildings other than ancient tombs, cave temples, stone carvings, murals, important modern historical sites and representative buildings shall be prosecuted for the crime of theft in accordance with the provisions of Article 264 of the Criminal Law. responsibility. Article 9 Anyone who knowingly harbors, transfers, acquires, processes, sells on his behalf, or conceals or disguises in other ways a third-level or above cultural relic obtained from crimes such as theft of cultural relics, excavation of ancient cultural sites, ancient tombs, etc. shall be punished in accordance with Article 310 of the Criminal Law. Article 2 provides for criminal liability. Anyone who commits the acts listed in the preceding paragraph and conspires in advance shall be punished as * * *. Article 10: State agency staff are seriously irresponsible and cause precious cultural relics to be damaged or lost.
(3) Confession of the case affects sentencing. When explaining the facts of the case, the perpetrator can explain what positive measures were taken to recover the victim's losses after the case occurred. (4) When citizens exercise their procedural rights, they have the right to sue if they infringe upon their procedural rights or cause personal insult. What should I do if I am caught by the public security organs? (1) The procedure legally affects the time of litigation. If the compulsory measures (such as detention and arrest) taken exceed the statutory time limit (the maximum detention period shall not exceed 37 days, and the detention period after arrest shall not exceed 2 months), the individual may request to lift the compulsory measures. (2) Criminal interviews affect the entire case. If it is during the investigation stage and only lawyers can meet with you, you can entrust a lawyer to intervene in the investigation stage to understand the case and find out the laws and regulations that were violated, so as to avoid worse consequences due to lack of understanding of procedures and laws and regulations. (3) Legal rights to be released on bail pending trial If you are seriously ill, unable to take care of yourself, or are pregnant or breastfeeding your own children, and meet the conditions for release on bail pending trial, you may apply for release on bail pending trial. Trial Stage (1) Disqualification of the Rights of the Parties If the judge, clerk, and juror participating in the trial are found to be related to the case, they may apply for disqualification. (2) Litigation rights/rights of personality The parties may sue judicial staff for infringement of their statutory litigation rights (such as the right to free debate) and personal insult. (3) The right to cross-examination. During the court hearing, the parties concerned can learn the facts and evidence of the alleged crime. You can put forward your own opinions on the testimonies of witnesses who are not present in court, appraisal conclusions, and the contents of inspection records. (4) Exercise the right of self-defense: The parties have the right to participate in court debates and make final statements. (5) Obligations of parties to abide by court trial rules When participating in court trials, they must abide by court rules and cooperate with judicial officers in litigation activities in accordance with the law.