| Every cultural relic and historic site contains a high cultural value and feelings of The Times,with its unique historical stories and charm,in thousands of years,they are more and more precious,and more fragile.In recent years,due to the popularity of cultural relics at home and abroad,the crime of cultural relics is active,the most important is the crime of excavating cultural relics.According to the retrieval of cases by the China Judicial Document Network in the past 10 years,the number of criminal cases of excavating cultural relics has been rising since 2009,and the level of about 300 has been maintained since the sharp increase in 2014.According to the seized cases involving cases of high level,quantity,most of the capital unheard of,such as hubei 508 large dig tomb,reselling cultural relics,under the supervision of the Ministry of Public Security after the investigation finally recovered the cultural relics 8,36 secondary cultural relics,104 tertiary cultural relics,50 general cultural relics.From the perspective of economic value alone,the third-level cultural relics recovered alone are as high as hundreds of millions of million yuan.In addition,there are 1,126 grave robbing cases in Liaoning,known as the largest cultural relic crime case since the founding of the People’s Republic of China,involving 175 people and 1,168 cultural relics were recovered,including 175 first-level cultural relics.It is extremely rare for a wide range of contacts,high professional degree and means of complex criminal gangs.Now,due to the collusion of domestic and foreign cultural relic criminals,the diggers have smuggled them abroad through illegal channels,making huge profits.It is worth noting that the criminal means of excavators are becoming increasingly professional.In addition,a series of criminal acts such as digging,reselling and sales are gradually industrialized,collectivized and global.Many precious cultural relics are quietly flowing overseas through illegal means.In order to take certain measures to curb the theft and loss of cultural relics,the Ministry of Public Security,together with the State Administration of Cultural Heritage,has issued corresponding institutional policies to protect cultural relics,but generally failed to curb the high incidence of theft and excavation of cultural relics,making the number of such criminal cases still high.From the perspective of archaeological value,the criminal suspects ’criminal activities of excavating cultural relics have brought immeasurable losses to China and seriously threatened the safety of cultural relics.Since there are few investigation methods to crack down on the criminal cases of excavated cultural relics today,it is particularly important to study how to crack down on such criminal cases efficiently.By combing the basic concepts,characteristics,legislative evolution,case situation and social harmfulness of the crime,the difficulties of the crime.The first chapter of the article clearly introduces the basic concept of excavating cultural relics crimes,and also clarifies the general category and characteristics of excavating cultural relics crimes.Later,the legislative origin of the specific crimes is introduced in detail,and then clarifies the legal basis for cracking down on and punishing such crimes.Under the premise of the induction of the crime activities of poaching,we summarized the harmfulness of cultural relics and further realized the importance of cultural relics protection at the present stage and the urgency of combating cultural relics crime.Chapter second chapter focuses on the difficulties in the investigation of theft of cultural relics.Starting with the specific background of the criminal activities of digging cultural relics,combined with the development situation and characteristics of such cases in the whole country,summarizing the problems encountered by the investigation departments of the public security organs in the investigation under the current situation.It mainly includes the following aspects: First,there are difficult problems in the information control in the investigation of illegal cultural relics crimes,the case found delay,easy to damage,strong concealment,criminal suspects ’ rich experience in crime and strong anti-investigation ability restrict the progress of case investigation.Second,there are difficulties in the level of investigation and evidence collection,mainly reflected in the complex and diverse crime sites,difficult to obtain the suspect’s confession,heavy on-site investigation tasks,difficult investigation and evidence collection,and difficult identification of the items involved.Third,it is difficult for criminals to arrest and pursue fugitives,specifically showing that the criminal suspects pursue fugitives and the arrest objects are scattered,and it is difficult to arrest on the spot and the crime phenomenon is prominent.Four is the investigation organs inside and outside the department communication is not timely,mutual cooperation is not smooth,five is the cultural relics crime information platform,special personnel building is not easy to investigation basic work is weak,the above five problems affect the investigation of illegal cultural relics crime cases,and obstruct the public security organs to crack down on the cultural relics crime cases.The third chapter,on the basis of sorting out the difficult problems of case investigation,the author puts forward the perfect countermeasures of case investigation.The details are as follows: First,in view of the difficulty in mastering the information of such criminal cases,the author believes that a more perfect comprehensive information research and judgment platform should be built,actively mobilize the people to give play to the strength of the masses,and discover the suspected case information as comprehensively as possible,so as to lay a solid foundation for the follow-up investigation of the case.Second,for the difficulties of case investigation and evidence collection,should actively seek various forces to participate in the evidence collection work,especially for the field investigation work should pay more attention to,timely discovery,fixed,extraction,inspection,stolen cultural relics,timely investigation and visit and investigation and interrogation,and strive to fully obtain criminal evidence.Third,for the difficulty in arresting and pursuing fugitives,the approval procedures for cross-district and outbound fugitives should be appropriately simplified,timely crack down on related crimes and then obtain criminal information through multiple channels,conducive to the arrest.Fourth,in the face of the investigation and cooperation between various departments,the public security organs should also promote the joint investigation in multiple fields,make full use of the synthetic combat mode and strengthen the joint investigation of cross-regional and cross-border cooperation in order to effectively crack down on the crimes of stealing and excavating cultural relics.Fifth,in the face of weak basic investigation movements and other problems,we should also learn to flexibly modern science and technology to the case investigation work to assist investigation.It is embodied in the establishment of a distributed database of cultural relics crime information,timely integration and transmission of national cultural relics cases across the country,and forming a chess game to cracking down on cultural relics crimes.At the same time,biotechnology is used to compare criminal suspects,improve the efficiency and accuracy of case investigation,and then improve the quality and effect of case investigation as a whole.Improve the investigation methods of the crime,in order to be beneficial to the crime of excavating cultural relics. |
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