Fujian High Court issues 10 measures to strengthen judicial protection of cultural heritage

The cultural heritage protection measures promulgated by the Fujian Higher People s Court mainly hope to bring into play the functions of criminal justice trials, severely punish theft, theft, damage, reselling, and smuggling of cultural relics, and strengthen the effective link between the administrative enforcement of cultural relics and justice.

Contents of 10 measures: severely punish cultural relic crimes in accordance with law, properly handle cases of civil administrative execution in accordance with law, do a good job in publishing typical cases, explore the establishment of cultural heritage circuit courts, strengthen the effective link between cultural relics administrative law enforcement and justice, form a synergy in cultural relics protection, and encourage The grassroots level has innovated judicial cultural relics to protect the brand, carried out the promotion of the rule of law on the theme of inheriting culture and safeguarding heritage , and strengthened research and guidance.

The key to determining the crime of intentional damage to cultural relics is to draw a line between crime and non-crime. First of all, from the object of the violation of behavior. The object of this crime is the precious cultural relics protected by the state or the cultural relics that have been identified as national key cultural relics protection units and provincial cultural relics protection units. The so-called cultural relics, in accordance with the provisions of the Cultural Relics Protection Law, refer to:

2 (2) Buildings, sites, and monuments related to major historical events, revolutionary movements, and famous personalities that have important commemorative, educational, and historical value;

In addition, ancient vertebrate fossils and ancient human fossils of scientific value are protected by the state as well as cultural relics. According to the Classification Standards for Cultural Relics Collection, cultural relics are divided into three grades. The cultural relics of the first and second collections are all precious cultural relics. The third-level cultural relics have been identified by the State Cultural Relics Department according to legal procedures as having significant historical, scientific, and artistic value, Also belongs to precious cultural relics. In addition, China s cultural relics protection units are divided into three levels: national key cultural relics protection units, provincial cultural relics protection units and county (city) level cultural relics protection units. Therefore, the third-class cultural relics that do not belong to the precious cultural relics and the cultural relics protected by the county (city) -level cultural relics protecti on units cannot be the target of this crime. Destroy them

Suddenly this crime is not established. Secondly, from the subjective aspect of the actor. The perpetrator knows that his or her actions will damage the precious cultural relics or the cultural relics of the state or provincial cultural relics protection units, and hopes or allows the cultural relics to be damaged as a result. If the actor does not know that the damaged cultural relics are precious cultural relics protected by the state or are determined to be national key cultural relics protection units or cultural relics at the provincial level, this crime is not established. To determine whether the perpetrator knows well, it can be judged comprehensively from such aspects as the perpetrator s behavioral purpose, behavioral motive, and appearance during the behavioral process. People s subjective perspective. The perpetrator knows that his or her actions will damage the precious cultural relics or the cultural relics of the state or provincial cultural relics protection units, and hopes or allows the cultural relics to be damaged as a result. If the actor does not know that the damaged cultural relics are precious cultural relics protected by the state or are determined to be national key cultural relics protection units or cultural relics at the provincial level , this crime is not established. To determine whether the perpetrator knows well, it can be judged comprehensively from such aspects as the perpetrator s behavioral purpose, behavioral motive, and appearance during the behavioral process.

Of The cultural heritage protection measures issued by the Fujian Provincial Higher People s Court mainly aim to give full play to the functions of criminal justice trials, severely punish theft, theft, damage, reselling, and smuggling of cultural relics, and strengthen the effective link between administrative enforcement of cultural relics and justice.

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