On The Crime Of Illegally Excavating And Robbing Ancient Cultural Sites Or Ancient Tombs

Ancient culture sites and ancient tombs are important cultural trace which reflect the ancient mankind lives. It has important history , artistic , scientific value. And for the rareness of ancient culture sites and ancient tombs, it have certain economic worth. Driving by economic benefits, illegally excavating and robbing activities sweep across whole China in recent years. The losing of a large number of precious historical relics not only give a great discount on their history, artistic and scientific value, the more important thing is, also make the important information which should be obtainde by scientific archaeological studies nearly totally lose. Safeguard this sum of enormous cultural heritage that the ancestor left for us , has already become task of top priority.Though revise several times, Cultural Relics Protection Law of China which was issued in 1982 has a lot of weak points. For giving a better protection to the ancient Chinese prose, we should strengthen the theoretical research of the criminal offence of illegally excavating and robbing ancient culture sites and ancient tombs in terms of criminal law. Exactly according to these, this text sets out from the angle of the domestic law, basing on digging legislations and theories which is exist, trying to probe into a better way of legislating protection on the historical relic, and puts forward some beneficial suggestions on the protection of the underground historical relic.The structure of this text is as follows: In chapter one, carrying on the summary to the relevant legislative states of this offence at frist, and then introducing the relevant legislative state of other area and countries briefly. In chapter two, though analysing the author proved the concept and composition of this offence. In the last chapter, the author compare and analysis the special shape of this offence ,the accomplished and unaccomplished offence, and etc. Through elaborating analysing, the author suggest modyfied it into offense historical culture sites and historicaltombs ,meanwhile ,it is necessary that the negligent conduct which has caused serious consequence to damage these culture sites and tombs should be prescribed as criminal act.