【Facts】
The police in a certain place cracked a case of excavating an ancient tomb, and what people did not expect was that the suspect involved in the tomb robbery was actually the descendant of the tomb owner. What's going on?
Wang Mou, a Sichuan man, fantasized about getting rich overnight all day and became obsessed with gambling. As a result, the money was not earned, but it owed tens of thousands of yuan in debt. In order to repay the money, Wang Mou has participated in the excavation of 5 ancient tombs, including his own ancestral tomb. When the police arrested Wang, Wang actually said: "It is better to dig for others than to dig ourselves." ”
【Analysis】
Wang Mou dug his own ancestral grave, is it considered a tomb robbery? The answer is yes.
According to Article 5 of the Law of the People's Republic of China on the Protection of Cultural Relics, all cultural relics remaining in the underground, internal waters and territorial waters of the People's Republic of China shall belong to the State.
Ancient cultural sites, ancient tombs, and cave temples belong to the state.
Although Wang Mou excavated his ancestral grave, his behavior has violated the criminal law and is suspected of the crime of excavating ancient cultural sites and ancient tombs.
Many friends may not quite understand, since it is the cultural relics buried in the graves of their ancestors, they should belong to future generations, why does it belong to the state?
From another perspective, is it a little strange that the descendants of Emperor Taizong of Tang and Li Shimin advocated the right to inherit the cultural relics in the tombs of the Tang Emperors; the descendants of the Qing Emperor Ai Xinjueluo came to return to the cultural relics in the Forbidden City?
We need to pay attention to the problem that all the cultural relics underground belong to the state, but if they are buried, it is another matter.
According to the provisions of the Mainland Civil Code, buried and lost objects have the same legal status.
To give a simple example: if your family demolishes a house and finds a silver dollar buried under the house, if you can prove that the silver dollar is your own home, or if it is proved that it was buried by your ancestors, the silver dollar belongs to you personally. If the owner of the silver dollar cannot be proved, the silver dollar buried underground belongs to the state.
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