On the morning of December 14, the State Administration of Cultural Heritage held an online meeting in Beijing to focus on three important archaeological discoveries and research results in Gansu, Henan and Shaanxi. At the meeting, it was announced that the great tomb of Bailuyuan Jiangcun in Xi'an City, Shaanxi Province, was the tomb of Emperor Wen of Han. The shape and scale of the Jiangcun Tomb are in line with the highest level tomb specifications of the Western Han Dynasty, coupled with the distribution of the Tomb of Empress Dou and the Tomb of Empress Bo around it, experts confirm that the Tomb of Jiangcun is the Tomb of emperor Wen of Han.
△ Exterior view of BalingLing District
The structural layout of the Double Mausoleum, the Imperial Tomb Center, and the Outer Hidden Pit shows obvious differences with the Ancestral Tomb of Han Gao and the Mausoleum of Emperor Hui of Han, which lays the foundation of the imperial tomb system in the middle and late Western Han Dynasty, and is of great significance to the in-depth study of the imperial tomb system in ancient China.
△ Geographical location
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The achievement of this achievement has to be traced back many years. With the approval of the State Administration of Cultural Heritage, since 2017, the Shaanxi Provincial Archaeological Research Institute has carried out rescue excavations of the outer hidden pit of jiangcun tomb and the outer hidden pit of Nanling. What prompted this rescue excavation was the continuous theft of cultural relics in the Baling Tombs area.
With the popularity of tomb robbery novels and their derivative film and television animations, "tomb robbery" has quietly become a subculture, and some people even shouted out such remarks as "archaeology is the official tomb robbery". But archaeology and tomb robbery should not be confused. If someone is driven by the plundering of the wealth of the ancient tomb and the psychology of curiosity, the tomb robbery has been broken, it has broken the red line of the law.
Today, we will talk about the legal issues of tomb robbery!
1
tomb robbery and archaeology,
What's the difference?
Archaeology is legal, while tomb robbery is a crime. Archaeology is to excavate in accordance with the scientific process, study the excavated cultural relics, and restore the real history; while tomb robbery is for economic benefits, and will not pay attention to the protection of excavated cultural relics.
Ancient tombs carry the local unrepeatable history and culture, have far-reaching significance for the study of folk customs and folklore, and are precious cultural treasures with historical, artistic and scientific value. Acts of excavation and destruction may undermine the integrity and integrity of ancient tombs and cause irreparable and serious losses.
Explain in detail the difference between archaeology and tomb robbery
Video source: Chinese Academy of History
2
the mausoleum and the artifacts unearthed from it,
Who does it belong to?
Whether it is a mausoleum or an excavated cultural relic, all belong to the state, and no unit or individual may encroach on them.
The first two paragraphs of Article 5 of the Law on the Protection of Cultural Relics: All cultural relics remaining in the underground, internal waters and territorial waters within the territory of the People's Republic of China belong to the State.
Ancient cultural sites, ancient tombs, and cave temples belong to the state. Immovable cultural relics such as memorial buildings, ancient buildings, stone carvings, murals, representative buildings of modern and modern times designated for protection by the State shall belong to the State unless otherwise provided by the State.
Paragraph 3 of Article 34 of the Law on the Protection of Cultural Relics: No unit or individual may encroach on cultural relics excavated by archaeology.
3
Excavation of ancient tombs,
What are the possible legal consequences?
In our country, tomb robbery is a serious crime, and tomb robbers may need to bear criminal responsibility.
Paragraph 1 of Criminal Law article 328: Whoever excavates an ancient cultural site or ancient tomb with historical, artistic or scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; if the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; in any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated:
(1) Illegally excavating ancient cultural sites or tombs identified as national key cultural relics protection units or provincial-level cultural relics protection units;
(2) The leading elements of groups that have excavated ancient cultural sites and ancient tombs;
(3) Repeatedly excavating ancient cultural sites or ancient tombs;
(4) Excavating ancient cultural sites or tombs, and stealing precious cultural relics or causing serious damage to precious cultural relics.
4
The tomb was dug into the burial chamber,
No artifacts were stolen,
Is it an attempted crime?
No, it's a crime accomplished. The crime of excavating ancient cultural sites and ancient tombs is based on whether the historical, artistic and scientific values of ancient cultural sites and ancient tombs are damaged. In our country, tomb robbery is a serious crime, and even if no property is excavated, tomb robbers are punished by law.
According to the second paragraph of Article 8 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Obstruction of the Management of Cultural Relics, if the act of excavation has been damaged, the historical, artistic or scientific value of ancient cultural sites and tombs shall be found to have been committed as the crime of excavating ancient cultural sites or ancient tombs.
If you find out
Excavate ancient tombs, steal cultural relics, and resell cultural relics
and other illegal acts
Please report the case to the public security organ immediately
If you are very interested in "touching the gold upside down"
Just look at the literary works to satisfy curiosity
Don't try it yourself
After all, this way of making money
It has long been written in the criminal law
Source: CCTV News, CCTV, Surging News