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What is the illegal act of deliberately damaging cultural relics under state protection?

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What is the illegal act of deliberately damaging cultural relics under state protection?


        

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  • 2024-06-14 18:00:48

    Article 324 Whoever intentionally damages or destroys valuable cultural relics under State protection or cultural relics designated as key cultural relics protection sites at the national or provincial level shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined. Whoever intentionally damages or destroys places of interest or historical sites under State protection, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined. Whoever negligently damages or destroys valuable cultural relics under State protection or the cultural relics designated as key cultural relics protection units at the national or provincial level, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. How to understand the terms related to intentional damage to cultural relics? This Article is about the crime of damaging and destroying precious cultural relics under state protection, key cultural relics protection sites at the national level, cultural relics protection sites at the provincial level, and places of historic interest, as well as the provisions on criminal punishment. The first paragraph of this Article refers to the provisions on the crime of intentionally damaging or destroying cultural relics and its criminal punishment. "Precious cultural relics" in this article mainly refer to movable cultural relics. According to the provisions of the Law of the People's Republic of China on the Protection of Cultural Relics and the Grading Standards for Cultural Relics Collections, all cultural relics belonging to Level I and Level II are precious cultural relics, and some Level III cultural relics are also precious cultural relics. Among the Class III cultural relics, those that need to be designated as precious cultural relics shall be confirmed by the State Cultural Relics Appraisal Committee. Precious cultural relics mainly include: precious works of art in various times of history; Handicraft Article; Important revolutionary documents and manuscripts with historical, artistic and scientific values; Ancient books and materials; It is a representative material object that reflects the social system, social production and social life of all times and ethnic groups in history. Such as currency, public clothes, utensils, famous paintings, etc. "Sites to be protected for their historical and cultural value" refer to immovable cultural relics such as revolutionary sites, memorial buildings, ancient cultural sites, ancient tombs, ancient buildings, cave temples, and stone carvings of historical, artistic, and scientific value determined by the people's government in accordance with legal procedures. Such as the former residence of Soong Ching ling, the Eastern Tomb of the Qing Dynasty, and the ruins of the old capital of Yan. Cultural relics protection units are divided into national key cultural relics protection units, provincial cultural relics protection units, and county (city) level cultural relics protection units. Sites to be protected for their historical and cultural value shall be verified and announced by the State Council, the people's governments at the provincial level and the people's governments at the county (city) level according to their respective levels. "Deliberate destruction" means the deliberate destruction of precious cultural relics under State protection; The act of destroying national key cultural relics protection units and provincial cultural relics protection units. Among them, "damage" includes such destructive acts as smashing, daubing, dismantling and burning, which make cultural relics lose their value. The first paragraph of this Article shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined if he intentionally damages or destroys valuable cultural relics under State protection or the cultural relics that have been designated as key cultural relics protection sites at the national or provincial level; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined. "If the circumstances are serious", it mainly refers to the destruction of particularly valuable cultural relics or sites protected for their historical and cultural value; Damaged or destroyed several or more precious cultural relics under state protection, making it impossible to remedy or repair them; Repeated damage or destruction of several key national cultural relics protection units and provincial cultural relics protection units, making it difficult to restore them to their original state and causing irreparable losses to the national cultural relics property, etc. The second paragraph of this article is about the crime of intentionally damaging or destroying places of interest and historic sites under state protection and the provisions on criminal punishment. The "places of interest and historic sites" in this paragraph refer to famous scenic spots that can be visited and historical relics such as ancient buildings, sculptures and stone carvings that have not been approved and announced as cultural relics protection units by the people's government but also have certain historical significance. Whoever intentionally damages or destroys places of historic interest under State protection, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined. "If the circumstances are serious", it generally means that the scenic spots and historic sites have been damaged for many times; Destroy many places of interest; Destroy important places of interest; Damage to scenic spots and historic sites causes serious adverse social impact; Failing to listen to dissuasion or warning, leading people to destroy places of interest; The result of the destruction is serious, resulting in the destructive destruction of the scenic spots and historic sites and so on. The third paragraph of this article is about the crime of negligently damaging or destroying cultural relics and its criminal punishment. "Negligent damage or destruction of precious cultural relics under state protection or cultural relics designated as key national cultural relics protection units or provincial cultural relics protection units" mainly refers to the damage or destruction of precious cultural relics or key national cultural relics protection units or provincial cultural relics protection units caused by negligence or credulity that can be avoided. For example, during the construction of infrastructure projects, the necessary investigation and exploration were not carried out before the construction, which resulted in the destruction of ancient cultural sites, ancient tombs and precious cultural relics during the construction. Those who negligently damage or destroy key national cultural relics protection sites, provincial cultural relics protection sites or precious cultural relics under state protection shall be investigated for criminal responsibility only if serious consequences are caused. "Causing serious consequences" mainly means that a large number of precious cultural relics have been damaged; Damaging very important cultural relics protection units, making it impossible to restore them to their original state, causing irreparable serious losses to the national cultural relics and properties. Whoever, in this paragraph, negligently damages or destroys cultural relics, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. What is the illegal act of deliberately damaging cultural relics under state protection? Have you learned the knowledge of law?

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