On the legal interests violated by reselling fake cultural relics
Selling fake cultural relics mainly violates the following legal interests: ** I. Citizens 'property rights ** 1. ** Fraud causes property damage ** - When the perpetrator sold fake cultural relics as real cultural relics, the buyer often paid the price based on the wrong understanding of the authenticity of the cultural relics. For example, in the case seized by Shizhong District Branch of Jinan City Public Security Bureau, the criminal gang disguised modern crafts made of resin and stone powder as so-called "cultural relics" by means of making them old and sold them to the victims at a price far higher than their actual value (no more than 20 yuan per piece)(ranging from 300 yuan to 500 yuan). The buyer originally thought that he had bought a valuable cultural relic, but in fact, he had suffered property losses. 2. ** Disrupting the normal market trading order ** - In the cultural relics market or similar trading scenarios, the act of reselling fake cultural relics destroyed the most basic principle of honesty and credit in market transactions. Normal market transactions required the information of both parties to be symmetrical, while the act of reselling fake cultural relics was to induce transactions through false information, which reduced the trust of consumers in the entire cultural relics trading market and interfered with the normal operation of the cultural relics market. If this kind of behavior was rampant, it would cause people to be full of doubts when conducting cultural relics transactions, hindering the healthy and orderly development of the cultural relics market. ** 2. In terms of social management and order ** 1. ** The order of cultural relics management is disrupted ** - Cultural relics management was a system established based on the protection, research, and display of cultural relics. Although the fake cultural relics themselves had no cultural value, the act of selling fake cultural relics would confuse the public's understanding of cultural relics and interfere with the supervision of the cultural relics market by the cultural relics management department. For example, the cultural relics management department needed to regulate the circulation and trading of cultural relics, and the act of reselling fake cultural relics increased the difficulty of management, making it difficult to distinguish between legal cultural relics transactions and illegal reselling of fake cultural relics, destroying the orderly management order established by the cultural relics management department. 2. ** Cultural heritage and social order and good customs are damaged ** - Cultural relics carried rich historical and cultural contents and were important carriers of cultural inheritance. The act of selling fake cultural relics was a destruction of this cultural inheritance system. It conveyed a wrong cultural value. The public order and good customs of society expect people to respect cultural heritage, and the fraud of selling fake cultural relics violates the normal order of social public morality and cultural inheritance, which negatively affects the public's respect and protection of cultural relics. Read more exciting novels for free
Reselling cultural relics worth 500 million
If for the purpose of profit, the reselling of cultural relics worth 500 million yuan that were prohibited by the state, and the circumstances were serious, it would constitute the crime of reselling cultural relics. The key to determining the crime of reselling cultural relics was whether or not the state prohibited the sale of cultural relics for profit, and not simply based on the value of the cultural relics. Once this crime is constituted, an individual who commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. If a unit commits this crime, the unit shall be fined, and the person in charge and other directly responsible personnel shall be punished in accordance with the above-mentioned provisions. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Is the sale of stolen cultural relics counted as the crime of reselling cultural relics
The sale of stolen cultural relics not only constituted the crime of reselling cultural relics, but also could constitute theft and other crimes. The crime of reselling cultural relics referred to the act of reselling cultural relics prohibited by the state for profit. The circumstances were serious. The theft of cultural relics was an act of illegally obtaining the ownership of cultural relics. The subsequent sale of the stolen cultural relics was a further punishment for the illegal acquisition of cultural relics. Under the conditions of "for profit","selling cultural relics prohibited by the state", and "serious circumstances", it naturally constituted the crime of reselling cultural relics. At the same time, theft also violated the relevant laws and regulations of theft and would be subject to corresponding multiple legal punishments. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What is the punishment for the crime of reselling cultural relics?
The punishment for the crime of reselling cultural relics is as follows: - Natural person crime: - Under normal circumstances, those who resell cultural relics prohibited by the state for profit, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined. For example, reselling a Level 3 cultural relic or reselling a transaction amount of more than 50,000 yuan could result in this punishment. - If the circumstances are particularly serious, such as reselling cultural relics of Class 2 or above, or reselling more than three pieces of Class 3 cultural relics, or reselling transactions of more than 250,000 yuan, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined. - Unit crime: The unit shall be fined, and the person in charge and other directly responsible personnel shall be punished according to the provisions of crimes committed by natural persons. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Regulations on the Sentencing of the Crime of Reselling Cultural Relics
The penalty for the crime of reselling cultural relics is as follows: 1. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined. For example, for the purpose of profit, reselling a Level 3 cultural relic, or reselling a transaction amount of more than 50,000 yuan. 2. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. For example, reselling Level 2 or above cultural relics, reselling more than three Level 3 cultural relics, or reselling more than 250,000 yuan. 3. If a unit commits such a crime, it shall be fined, and the person in charge and other directly responsible personnel shall be punished in accordance with the above-mentioned provisions. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
The content of the law on the crime of reselling cultural relics
According to the Criminal Law of the People's Republic of China, anyone who resells cultural relics prohibited by the state for profit, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined. If a unit commits this crime, the unit shall be fined, and the person in charge and other directly responsible personnel shall be punished in accordance with the above-mentioned provisions. Reselling referred to the act of selling or buying cultural relics that were prohibited by the state for profit. The object of reselling could only be cultural relics that were prohibited by the state. To constitute the crime of reselling cultural relics, it was also required to have serious elements. For example, reselling Class III cultural relics, if the amount of illegal profits was large, if the amount of illegal business was large, or reselling cultural relics below Class III for many times, reselling many cultural relics below Class III, etc., were serious circumstances; Reselling Class II cultural relics, reselling Class I cultural relics, if the amount of illegal profits was huge, if the amount of illegal business was huge, or reselling rare national treasures, etc. were especially serious circumstances. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Fake cultural relics
There were many ways to fake cultural relics. Some faked items that looked authentic but were actually made in modern times. For example, many of the so-called "cultural relics" sold in online live broadcasts were made of plastic but disguised as cultural relics. A woman in Henan was cheated of more than 400,000 yuan to buy hundreds of such fake cultural relics. There were also more elaborate scams, such as directly building a fake tomb, hiring people to "excavate" on the spot to create the illusion that the cultural relics had just been unearthed to deceive buyers, and using people's superstitions about "ancient tomb cultural relics" to deceive people. In terms of fake content, some cultural relics would have a situation where the year did not match the inscription, such as the inscription of "Ming Dynasty Kangxi Year System", which was obviously logically wrong, but there were also some special cases where the inscription of cultural relics was authentic. There was also the phenomenon of forgery in porcelain, such as modern porcelain disguised as ancient porcelain for sale. In short, there were many ways to fake cultural relics, and most of them were for the purpose of making huge profits. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
How to accurately determine the crime of reselling cultural relics
To accurately determine the crime of reselling cultural relics, the following aspects can be considered: First, the main aspect includes units or natural persons. Secondly, the objective was to make a profit. Moreover, the objective aspect was that the sale of cultural relics prohibited by the state was serious. Among them, the cultural relics prohibited by the state generally refer to precious cultural relics (cultural relics above Grade 3). If the transaction amount of the reselling of Grade 3 cultural relics reaches more than 50,000 yuan or has other serious circumstances, they shall be investigated for criminal responsibility for the crime of reselling cultural relics. In addition, the act of selling cultural relics that the state does not allow to be freely bought, sold or auctioned and profiting from them is considered reselling cultural relics that are prohibited by the state. This includes the reselling of units or individuals who have no right to engage in the commercial management of cultural relics, as well as the reselling of cultural relics shops or auction enterprises that have the right to do so. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
legal circulation of cultural relics
In China, movable cultural relics were divided into precious cultural relics and general cultural relics. The collection and circulation of folk cultural relics were not directly related to the level of cultural relics. The collection and circulation of cultural relics obtained according to law are protected by law. Citizens, legal persons and other organizations other than cultural relics collection units may obtain and circulate cultural relics legally through inheritance or acceptance of gifts according to law, purchase from cultural relics stores, purchase from auction enterprises engaged in cultural relics auctions, exchange of cultural relics legally owned by citizens, or transfer according to law, as well as other legal methods stipulated by the state. However, citizens, legal persons and other organizations are not allowed to buy or sell state-owned cultural relics (except those permitted by the state), precious cultural relics in non-state-owned collections, murals, sculptures, building components, etc. in state-owned immovable cultural relics (except for murals, sculptures, building components, etc. in state-owned immovable cultural relics that are dismantled according to law and are not collected by cultural relics collection units), and cultural relics that do not come from the prescribed methods. At the same time, for the purpose of profit, reselling cultural relics prohibited by the state was a criminal act. If the circumstances were serious, they would be subject to criminal punishment. Auction enterprises, cultural relics stores, and other related business entities that engage in cultural relics auctions must also abide by strict management regulations. For example, the cultural relics sold by the cultural relics store should be examined and verified by the cultural relics administrative department of the people's government of the province, autonomous region, or directly under the Central Government before being sold; the cultural relics auctioned by auction enterprises should be examined and verified by the cultural relics administrative department of the people's government of the province, autonomous region, or directly under the Central Government before being auctioned and reported to the cultural relics administrative department of the State Council for filing. The State Administration of Cultural Heritage had always been committed to regulating the cultural relics market. The new policy was aimed at regulating the antique market, which would help promote the cultural relics market to a healthy and orderly development track under standardized management and policy support, and ensure the legal circulation of cultural relics. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Fake Qidan cultural relics
There was a phenomenon of forgery in the field of Khitan cultural relics. For example, Yanshi, Mengjin, and Yichuan in Henan Province were the "important towns" where epitaphs were forged, which might involve the falsified epitaphs related to Khitan. The Beijing market also had a flood of counterfeit cultural relics of the Liao, Jin, Yuan, and Western Xia dynasties, such as the so-called "suspected Basiba character board". The characters on the board were specious, and many cards were identical. The rust was suspected to be chemical rust, which should be fakes made in a certain area of Henan in recent years. There was also the so-called "Khitan silver gilded Buddha Sutra", which was judged to be fake from its characters and production. In addition, some collectors encountered items suspected to be Khitan cultural relics in the antique market. For example, although the gold medal bought by Old Wu had Khitan characters, it was initially identified as a fake because of the Chinese words "Great Liao Kingdom"(although Old Wu still bought it because it was not expensive). The wolf head talisman received by Mr. Wang of Shen Yang was also suspected to be a fake Khitan cultural relic. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Fake foreign cultural relics
There was a phenomenon of cultural relics being forged abroad. For example, in France, there was a major case of fraud that shocked the antique industry. Six accused, including art appreciation expert Bill Palo, and a famous antique gallery in Paris were suspected of colluding with each other to make fake antiques. In 2007 - 2008, they forged a batch of antique chairs, disguised as antique chairs that had been used in the living room of Madame Dubari, the mistress of King Louis Fifteen of France, and in the boudoir of the "beheaded queen," Marie-Antoinette. They sold them to well-known customers and made a profit of more than hundreds of thousands of euros. Even the Palace of Versailles was deceived into collecting these fake antiques. In the United Kingdom, the famous archaeologist Merat claimed to have found murals and inscriptions when he discovered the Catay Mound in 1962. However, in 2018, the Swiss archaeologist Zange discovered that these were fakes and suspected that he might have forged other things in the site. Merat was also accused of studying archaeological knowledge before forging evidence to support his own argument. In the late 19th century, more than 8000 animal bone artifacts excavated by the leader of the archaeological community, Gottfried Osovsky, claimed to be authentic and reliable, but were actually forged by "excavation workers." It took half a century from 1885, when the special investigation committee of the polish government determined that the animal bones were not modern imitations, to 1929, when the truth was revealed. In addition, in the United Kingdom's Pilgrim fraud case, the ancient human skull fragment found in 1911 was verified to be 500,000 years old. More than 40 years later, it was proved to be man-made. There was also the papyrus forgery case. About 200 papyrus fragments that reappeared during World War II, although the paper and ink seemed to be consistent with the situation at that time, the source was unknown and suspected of being forged. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>