Research On The Crime Of Robbing Ancient Cultural Sites And Ancient Tombs

Cultural relics are an important source for preserving the historical foundation of our country and showing the blood of Chinese civilization.It is incumbent on the judiciary to help the protection of cultural relics and severely crack down on the crime of cultural relics.Special action by the Ministry of Public Security,the Supreme Law and the Supreme Procuratorate have issued various detailed rules to prevent the crime of stealing and excavating ancient cultural sites and ancient tombs from destroying cultural relics at the source.However,the general grasp of all kinds of rectification work adopted by the judicial department should finally be carried out on the charges of related cultural relics crimes,and the criminal law should be formatted strictly.Therefore,theoretical research should make the elements of crime more detailed and more operable.Based on the crime of stealing and excavating ancient cultural sites,the object of crime within the scope of the theory of legal interest protection is only aimed at the state’s management system of cultural relics,whether it attempts to ownership of cultural relics,and the system itself contains the division of ownership,which will increase the complexity of practical operation.The determination of the ancient tombs in the middle culture of the crime is no longer based on the time axis,and the judgment of the value of historical and cultural scientific research is handed over to the professional appraisal institution,but this is tantamount to handing over the key to the judgment of the crime to the non-judicial organs,and the regional differences of the appraisal institutions also make the case regional;Because the time point of the crime involved in the act is higher than before,but the scope of the legal punishment is large,and there is a competing or implicated relationship with other crimes in the criminal law,so distinguishing the two is also the embodiment of the law of the crime and punishment.In terms of the object of crime,standardizing the attributes and standards of appraisal institutions can help to make them more specialized;for the difficulties of reconnaissance,constructing a data platform for information sharing,and strengthening the cooperation between public security organs and cultural relics protection organs in many aspects;From the perspective of judicial practice,the procuratorial organs major adjustments of internal institutions and functions and give full play to the social effect of public interest litigation,which is an important embodiment of procuratorial organs’ exercise of public prosecution power.