Research On The Judicial Application Of The Crime Of Robbing And Excavating Ancient Cultural Sites

Ancient cultural sites are realistic cultural relics that project the lives of ancient humans,and are of outstanding universal value in human engineering.Their historical,cultural,artistic,and scientific significance are immeasurable.China has a long history and profound cultural heritage,with a wealth of preserved ancient cultural sites.After the market economy,people resorted to unscrupulous theft and excavation of cultural relics in pursuit of interests,causing serious damage to some important ancient sites nationwide.These precious relics left by our ancestors are gradually disappearing,and efficient protection to avoid further rampant theft and excavation has become an urgent task.Cultural relics are a precious cultural resource treasure of the country.According to the report of the Third Cultural Relics Census,there are a total of 193282 ancient cultural relics in the country.Due to the large number,the crime of robbing ancient cultural relics continues to be at a high incidence,and the composition of such criminals is complex,the crime scene is remote,the case is complex and cumbersome,and it is difficult to obtain evidence.As a public security police officer,the author has the responsibility of cracking down on crimes.Therefore,it is of great significance to conduct in-depth research on the crime of excavating ancient cultural sites from the perspective of criminal law and its judicial application.The structure of this article mainly includes the following aspects:The first part provides an overview of the crime of robbing and excavating ancient cultural sites,which mainly includes three parts:first,the research background and significance;second,the legislative status of this crime in modern times;and third,the legislative status of cultural relics in the UK,India,and Russia.The second part analyzes the brief situation of the crime of robbing and excavating ancient cultural sites.The third part of the practical controversy over this crime mainly includes the time conditions for defining ancient cultural sites,the accomplished and attempted acts of the crime of robbing and excavating ancient cultural sites,whether it is a single act offense,the application of "multiple" aggravating clauses,the concurrent relationship between this crime and related charges,and the issue of one crime and multiple crimes.The fourth part provides case answers to controversial issues,including analysis of completed crime,criminal preparation,criminal suspension,and attempted crime one by one.