It has been more than a year since he was detained at the temple fair in Nanyangjiazhuang Village, Zhao County, Hebei Province on February 9 last year, and he was sentenced to four years and six months in prison by the people's court of Zhao County on April 20 this year. Yang Fengshen, the representative inheritor of Wudao Ancient Fire Festival in Zhao County, is nearly eighty years old.
On April 28th, the reporter learned from Zhao County People's Court that the defendant Yang Fengshen was sentenced to four years and six months in the first instance for the crime of illegally manufacturing explosives, and the judgment of the first instance has been served on Yang Fengshen himself. At present, Yang Fengshen has appealed to Shijiazhuang Intermediate People's Court.
Criminal judgment ([20 17] Ji 0 133 No.4) of Zhao County People's Court shows that the defendant Yang Fengshen, male,/kloc-0, born on July 6, 938, Han nationality, primary school education, lives in Nanyangjiazhuang Village, Zhaozhou Town, Zhao County. On February 9, 2065438, he was criminally detained by Zhao County Public Security Bureau on suspicion of illegally manufacturing explosives. On March 9th, 20 16, he was released on bail by Zhao County Public Security Bureau.
Zhao County People's Court found through trial that on February 19, 2065438, the defendant Yang Fengshen was reported for organizing some villagers to illegally manufacture fireworks and firecrackers in Yang Guangwei's old residential area in Yangjiazhuang Village. Police officers seized15kg pyrotechnics, 200 finished products (about1.46kg per bottle) and other raw materials and tools on the spot. The seized fireworks were identified as explosives.
Zhao County People's Procuratorate believes that the defendant Yang Fengshen has constituted the crime of illegally manufacturing explosives. According to Article 125 of the Criminal Law of People's Republic of China (PRC), if the facts of the crime are clear and the evidence is conclusive and sufficient, he should be investigated for criminal responsibility for the crime of illegally manufacturing explosives.
Yu Yang, the defense lawyer of the defendant Yang Fengshen, said in court that he had no objection to the fact and nature of the accusation by the public prosecution agency that the defendant Yang Fengshen constituted the crime of illegally manufacturing explosives. However, he suggested that the initiating explosive devices in 200 finished gift vases did not belong to explosives in the sense of criminal law, and the defendant did not make explosives in areas where people were concentrated. The defendant did not make fireworks for profit or other illegal purposes, but set them off while holding the "Five Ancient Fires".
Yu Yang also claimed that Yang Fengshen, the defendant, was less subjective and vicious, only because his educational level was not high and he violated the criminal law. The defendant has a good attitude of pleading guilty. He was over 75 years old at the time of committing the crime and was not harmful to society. Therefore, the defendant should be given a lighter or mitigated punishment.
Zhao County People's Court held that the defendant Yang Fengshen illegally manufactured pyrotechnics 15 kg or more in the old residential area of Yang Guangwei in Yangjiazhuang Village without the approval of the relevant departments. His behavior has constituted the crime of illegally manufacturing explosives, and the circumstances are serious and should be punished. The facts of the crime accused by the defendant's public prosecution agency are clear, the charges are established, and the applicable law is appropriate, which should be adopted.
On April 29th, the relevant person in charge of Hebei Intangible Cultural Heritage Protection Center said in an interview with this newspaper that intangible cultural heritage projects have their historical inheritance and traditional cultural expressions, and play a social role in promoting social stability, unity and rallying people's hearts within a certain scope. From different angles, the same intangible item has different value functions, and the identification of intangible items is mainly based on its core value.
The person in charge said that the identification of Wudao Ancient Fire Sacrifice Project takes into account the danger of gunpowder production, but gunpowder production is only an integral part of the whole folk activities, and the role of the project in the local folk society is the main value, so its category belongs to folk customs rather than traditional skills. And the reason why this project has spread to this day is because there are certain self-control and preventive measures to ensure safety.
For example, the person in charge said that gunpowder was one of the four great inventions in ancient China, and there were many intangible items related to gunpowder in the published national and provincial catalogues. State-level projects include fireworks and firecrackers production techniques (Nanzhang Jinghu Fire, Wanzai Fireworks Production Techniques, Pingxiang Fireworks Production Techniques, Pucheng Rod Fire Techniques, Fireworks and Firecrackers Production Techniques) and medicinal puppet shows. The provincial list items include Jingxing Beixiulin Torch Festival and Li.
In addition, the person in charge believes that protection should be strengthened for precious non-legacy projects. To protect and inherit intangible cultural heritage, we must also abide by the law. On the one hand, we must abide by the provisions of the People's Republic of China (PRC) Intangible Cultural Heritage Law and the Hebei Intangible Cultural Heritage Regulations on intangible cultural heritage. On the other hand, we must also abide by the existing laws and regulations. Those involving dangerous explosives such as gunpowder should be filed in the public security department. In the specific work of intangible cultural heritage protection, there is indeed a lack of legal explanation on the specific application of gunpowder, a dangerous explosive. However, the whole intangible cultural heritage project cannot be denied because of its certain danger, let alone because of choking.