The Supreme Law and the State Administration of Cultural Heritage jointly issued 15 typical cases of protecting cultural relics and cultural heritage according to law
2023-02-08
The Supreme People's Court, the State Administration of Cultural Relics and the Cultural Relics Judicial Research Branch of the Chinese Judicial Research Association jointly released 15 typical cases of protecting cultural relics and cultural heritage in accordance with the law on the 7th, guiding the people's courts and cultural relics administrative departments at all levels to further improve the level of law enforcement and case handling capacity of cultural relics, guiding the whole society to enhance the awareness of the rule of law for cultural relics protection, and helping to jointly build a legal barrier for cultural relics protection in the new era. Yang Linping, Vice President of the Supreme People's Court, said that the cases released this time covered all economic regions of the country, involving a complete range of cultural relics, covering the three major types of criminal, civil and administrative litigation cases, and focused on the practical results of the people's court to give full play to the role of criminal, civil and administrative judicial functions, and build a comprehensive legal barrier for the protection of cultural relics and cultural heritage. It is reported that typical cases highlight the punishment of various cultural relics crimes in accordance with the law. For the defendants with deep subjective malignancy, high personal risk, bad criminal circumstances and serious consequences, they will resolutely strike hard to form a shock; For those with upstream and downstream crimes, adhere to the standard of "all chain and all elements", and crack down on all links of criminal acts such as theft, selling stolen goods and reselling according to law. In the case of 12 people including Yao Mouzhong robbing, robbing and excavating ancient cultural sites, ancient tombs, and reselling cultural relics, the defendant robs and digs Hongshan ancient cultural sites and ancient tombs, and resells cultural relics and robs cultural relics, forming a professional criminal gang, implementing the "one-stop" operation. The cultural relics involved in the case are of high grade, large quantity, and huge illegal profits. The people's court insists on striking hard in accordance with the law, comprehensively cracking down on the criminal network of cultural relics, and severely punishing the first offenders of the cultural relics criminal gang, Completely cut off the criminal chain of cultural relics. In addition, typical cases adhere to the principle of protection first and giving consideration to rights and interests, firmly support the administrative departments of cultural relics to perform their duties according to law, and urge relevant administrative organs to actively perform their responsibilities for cultural relics protection according to law. In the case of Jingyu County People's Procuratorate of Jilin Province against Jingyu County Veterans Affairs Bureau for non-performance of its statutory duties, the procuratorial organ found that General Yang Jingyu had illegal business activities at the martyrdom site, and the administrative competent department failed to supervise and file an administrative public interest lawsuit. The people's court has extended its judicial functions in accordance with the law, strengthened communication, coordination and rectification supervision, facilitated the timely and proper resolution of various problems, and effectively safeguarded the honor and dignity of heroes and martyrs. Guan Qiang, deputy director of the State Administration of Cultural Relics, said that since the 18th National Congress of the Communist Party of China, people's courts at all levels and cultural relics administrative departments have strengthened cooperation to punish 11000 cultural relics crime cases and recover 170000 cultural relics involved. China's international cooperation in the recovery and return of cultural relics continues to expand and deepen. It has signed intergovernmental agreements with 24 countries to prevent theft, excavation and illegal entry and exit of cultural relics. A total of 32 batches and more than 1800 pieces (sets) of lost cultural relics and works of art have been returned to the motherland, which has greatly inspired the national spirit, inspired national morale and strengthened cultural confidence. (Outlook New Era)
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Source:XinhuaNet
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