Research On The Problem Of Excavation Of Ancient Cultural Sites And Ancient Tombs

The excavation of such cases in the judicial practice to occupy the occupy ratio is not very high. Although the two high judicial interpretation has made some of the charges, but in judicial practice,there are still some problems in the application of the charge,for example,the "number of excavation" identified, the current judicial interpretation has not given explicit provisions. In this paper, the author attempts to interpret the case, to study and explore the application of this crime,the existence of some controversy, hope that through this paper to explain some of the shallow views of this issue. The author carefully selected in representative cases, through the analysis of the difference between the object of crime,the identification standard,the accomplished offense and the attempted,multiple identification,excavation behavior cognizance of the four aspects,in order to solve in practice, there are some disputes, and many other similar cases to solve to provide reference. The whole paper consists of three parts: the introduction,the body and the conclusion.In the introduction section,the origin of this crime is introduced in detail,including the history of this kind of crime, the legislation of each period,and the role of this article.Identification criteria for the analysis, Wang,Lee’s case as the basis for the identification of standard methods of identification, as well as its attention in practical use. The reason why it will discuss the issue of identification standards,mainly for the criminal acts of the crime is extremely serious, should be punished according to the existing law can not be punished.Through the identification of the standard, not only can correct and reasonable application of the criminal law,but also fully protect the legitimate rights and interests of the defendant. To Wang,Lee and three others steal cultural relics analysis, study on this crime accomplished standard, and attempted standards.It is different from the general property, itself has a certain particularity, which leads to attempt and accomplishment of the crime are also different in many other charges. So,the difference between attempted and accomplished this, closely related to the structure of the ruins and tombs.Therefore,it is necessary to take concrete analysis of concrete problems. A case as an example,compared several excavation and multiple theft difference by analysis of typical cases, identified several excavation standards, to provide the reference for the judicial practice.Analysis of behavior, through a case study of the core behavior of in-depth mining, including the meaning of "Pirates", "dig" meaning and analysis of the relationship between pirates. The conclusion summarizes the whole thesis.