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. Read more exciting novels for free
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>
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>
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>
Cultural Relics Law
The revised draft of the Cultural Relics Protection Law had been reviewed many times and publicly consulted. On June 25,2024, the 10th meeting of the Standing Committee of the 14th National People's Congress reviewed the Cultural Relics Protection Law (revised draft) for the second time and published the Cultural Relics Protection Law (second review draft of the revised draft) for public comments (deadline: July 27,2024). In the revised draft, there were many changes to the relevant provisions of folk collections and cultural relics auctions. For example, in the aspect of folk collection transactions, some cultural relics were not allowed to be bought or sold before the revision, but after the revision, it was clarified that no unit or individual was allowed to buy or sell state-owned cultural relics (except those permitted by the state), cultural relics collected by cultural relics collection units, stolen and smuggled cultural relics, etc. As for folk donation of cultural relics, the main body and method of reward for the donor were adjusted before and after the revision, and it was emphasized that cultural relics collection units should respect the wishes of the donor, etc. In terms of auction management methods, it was clear that cultural relics purchase and sale enterprises and cultural relics auction enterprises should obtain corresponding qualifications respectively and should not cross operations. In addition, some of the suggestions put forward by the Law Working Committee of the Green Association were also adopted, such as adding "including immovable cultural relics and movable cultural relics" in the definition of cultural relics, increasing the content of public participation, carrying out the evaluation of mobile cultural relics protection, increasing the participation of social groups in cultural relics protection, etc. The second review draft of the revised draft also reflected the new requirements for the protection of cultural relics in the new era, such as writing the 22-word working policy of "protection first, strengthening management, excavating value, effective utilization and making cultural relics live" into the law, and making changes in many aspects such as cultural relics protection management, value excavation interpretation, resource investigation, talent team construction, social force participation, etc. The 12th meeting of the Standing Committee of the 14th National People's Congress will be held in Beijing from November 4 to 8. The chairman's meeting suggested that the meeting review the revised draft of the Cultural Relics Protection Law and other contents. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Three copper coins cracked the big case of reselling cultural relics
At the Tuha Station of the Lanxin High-speed Train, the police found three rusty copper coins in the so-called "strange stone" carried by a passenger. After further inspection, the " strange stone " contained many suspected cultural relics. According to the appraisal of cultural relics experts, these items included jade axes, jade beads, bronze ware, stone arrowheads, etc. They were all cultural relics of the Loulan area, totaling 176 pieces. This discovery led to a major case of reselling cultural relics. The Ministry of Public Security established this case as a supervised case. The Xinjiang Cultural Relics Bureau actively cooperated and organized experts to identify the cultural relics. Then, they launched an arrest operation against the criminal gang. This incident showed that even a small amount of seemingly inconspicuous copper coins could become a key clue to solving a big case if it involved illegal sources and the sale of cultural relics. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
The tools of crime become cultural relics
In the process of archeology, it was sometimes discovered that the tools of crime had become cultural relics. For example, in the Western Han royal tomb discovered in Lu 'an, Anhui Province, the tomb robbers left behind porcelain bowls, pottery bowls, iron axes, and other tomb robbing tools. Although they were used for tomb robbing, they had now become precious cultural relics. There was also the discovery of candlesticks from the Jin Dynasty in a tomb of the Han Dynasty. The tools left behind by these grave robbers crossed the dynasties and became cultural relics over time to witness the changes in grave robbing techniques. These crime tools became cultural relics, reflecting the broad concept of cultural relics and the variety of archaeological discoveries. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Criminal law destroys cultural relics
In China's criminal law, the relevant provisions concerning the destruction of cultural relics were as follows: - ** Destruction of precious cultural relics, scenic spots and historical sites **: This was a crime that disrupted social management order. The object of the violation was the state's management of cultural relics and scenic spots and historic sites, and the target of the crime was precious cultural relics and scenic spots and historic sites. The objective aspect was the act of damaging or destroying precious cultural relics, places of interest, and the subjective aspect was intentional, that is, deliberately destroying precious cultural relics or places of interest. - ** Intentionally damaging precious cultural relics protected by the state or cultural relics that have been identified as national key cultural relics protection sites or provincial cultural relics protection sites **: Those who have caused the damage of more than five Grade 3 cultural relics, the damage of Grade 2 cultural relics, the serious damage or loss of the main body of the national key cultural relics protection unit or the provincial cultural relics protection unit, or the repeated damage or damage of the main body of multiple national key cultural relics protection units or provincial cultural relics protection units shall be deemed as "serious circumstances". Those who deliberately destroy cultural relics that have been identified as national key cultural relics protection units or provincial cultural relics protection units in scenic spots shall be convicted and sentenced according to relevant regulations. - ** Intentionally damaging state-protected scenic spots and historical sites **: Serious damage or loss of scenic spots and historical sites, multiple damage or damage of multiple scenic spots and historical sites, etc. are identified as "serious circumstances". Those who carry out relevant acts and refuse to implement the administrative decisions or orders made by the competent administrative departments of the state to stop the encroachment on cultural relics shall be severely punished according to the circumstances. - <strong>**</strong></strong><strong></strong><strong></strong> - ** Crime of dereliction of duty causing the destruction or loss of precious cultural relics **: If a staff member of a state organ is seriously irresponsible and causes the destruction or loss of precious cultural relics, the consequences will be serious. He will be sentenced to fixed-term imprisonment of not more than three years or criminal detention. - ** Smuggling cultural relics that are prohibited from being exported by the state **: If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and his property shall be confiscated. In addition, those who deliberately destroy the cultural relics of provincial cultural relics protection units shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined, or shall only be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Inherit cultural relics according to law
In China, citizens could inherit cultural relics according to the law. The Inheritance Law clearly stipulated that a citizen's cultural relics belonged to the category of inheritance and could be inherited. At the same time, the Cultural Relics Protection Law also allowed citizens to obtain cultural relics through legal inheritance and other methods. Ancestral cultural relics could be obtained through inheritance, and the private property rights of ancestral cultural relics were protected by law. However, the owners of cultural relics must abide by the laws and regulations of the state regarding the protection of cultural relics. For example, in the process of inheritance, if it involved cultural relics left in the underground, inland waters, and territorial waters, they generally belonged to the state. However, if it was clearly a cultural relic passed down from one's ancestors, it could be legally inherited by the legal heir under the circumstances of compliance with relevant regulations. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>