Improve the legal system and build a solid bottom line for cultural relics safety

2022-09-13

Recently, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, and the State Administration of cultural relics jointly issued the opinions on Several Issues Concerning Handling Criminal Cases of obstructing the management of cultural relics (hereinafter referred to as the opinions), which requires punishing and effectively preventing cultural relics crimes according to law and effectively protecting the safety of national cultural heritage. It is the latest guiding document for punishing cultural relics crimes. Cultural relics are important cultural heritages, bearing the splendid civilization of the Chinese nation for more than 5000 years. Cultural relics crimes seriously threaten the safety of cultural relics and cause incalculable losses to China's historical and cultural heritage. China has always adhered to the position of strictly punishing cultural relics crimes, and has also deployed many special actions to crack down on and prevent cultural relics crimes. However, due to the huge temptation of interests, cultural relics crimes have taken on new characteristics in recent years. The trend of specialization, intelligence and networking of criminal gangs is obvious. The industrial chain of cultural relics crimes is becoming more mature as a result of underground cultural relics transactions, and cultural relics safety is still facing severe challenges. For this reason, the opinions make up for the shortcomings of previous laws and regulations, expand the scope of cultural relics protection, and clearly define "ancient cultural sites and ancient tombs". For attempted theft of cultural relics, attempted theft of immovable cultural relics by destructive means and other criminal cases, it is clearly stipulated that criminal responsibility should be investigated, and no one will be held accountable for not stealing cultural relics. In view of the fact that underground cultural relics trading indirectly contributes to the practice of stealing and excavating cultural relics, the opinions set more specific judgment standards for how to identify downstream crimes related to cultural relics crimes, which is conducive to accurately cracking down on cultural relics crimes. Although the opinions are directly aimed at the legal application of specific cultural relics crime cases, its important significance for effectively protecting the safety of national cultural heritage is also worth paying attention to. Culture is the soul of a country and a nation. Cultural self-confidence is the spiritual support for a country and a nation to settle down. Strengthening cultural self-confidence is related to the rise and fall of the country, cultural security, and the independence of the national spirit. As the representative and carrier of historical and cultural heritage, cultural relics are non renewable and irreplaceable precious resources. It is necessary to raise the fight against cultural relics crimes to the level of safeguarding national cultural security, so that criminals will be caught and punished. In view of the new trends and characteristics of the current cultural relics crime activities, the judicial organs should maintain a high degree of sensitivity, constantly improve the professional ability of cultural relics identification, and "the devil is one foot high and the road is one foot high" to deal with cultural relics crime with more sophisticated technical means; We should use information technology to collect, master and judge information on the circulation of cultural relics, find out the source of cases in time, carry out special investigations, pursue theft, excavation, theft, reselling, selling stolen goods and smuggling, thoroughly investigate and dig out the behind the scenes financiers, and achieve a full chain, full coverage and continuous attack. At the same time, we should constantly strengthen coordination with cultural relics management departments. In some places rich in cultural relics and cultural heritage resources, we can explore the establishment of a prediction and early warning mechanism for cultural relics crimes to achieve scientific and accurate prevention. In addition to cracking down on cultural relics crimes, protecting the safety of cultural relics, and doing a good job in the protection of historical and cultural heritage, we should also establish and improve the management system of historical and cultural heritage resources and assets

Edit:qihang    Responsible editor:xinglan

Source:GMW.cn

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