Studies On Fraud Crimes In The Trade Of Cultural Relics

The trade of cultural relics is an "eye-catching" business.The trade rules of "not cracking down on counterfeits","not ensuring the truth" and "selling counterfeits is not cheating" often conflict with the crime of fraud in form.The subjective identification of cultural relics leads to the difficulty in judging the objective situation of cultural relics.Due to the particularity of cultural relics trading,judicial organs seldom recognize the act of selling "fakes" in cultural relics trading as a crime of fraud.Cultural relics are precious material relics inherited from human history,so China takes a restrictive attitude towards cultural relics trading.It is the basis of correct attribution of responsibility to make clear the scope of legal cultural relics trading.The folk cultural relics in the movable cultural relics owned by individuals can be traded according to law.For the general identification of the nature of cultural relics fraud,we should use the presumption method to judge whether the seller of cultural relics has the purpose of illegal possession through the objective externalized facts before and after the transaction;The cultural relics transaction includes the deceptive means of "Inaction",through the "double judgment perspective" of the actor and the victim,that is,combining the lower "guarantor" obligations and social aspects If the victim can cause cognitive errors,we should follow the principle of the unity of subjective and objective,and put the concept of ordinary people into the case for consideration.According to the different trading places and the fault of the victim,the "degree" of the victim's falling into the wrong cognition should be taken into account;The scope of the determination of the property loss is limited to the folk cultural relics and the forgeries of falsely claiming the state-owned cultural relics,excluding the state-owned cultural relics.On this basis,the authenticity of cultural relics can be judged according to the identification method.From the main body,methods,procedures and other aspects of Cultural Relics Identification to solve the problem of authenticity identification.For the special crime form of cultural relic fraud,the transformed robbery form of "fraud + violence" should be identified from three aspects of crime location,violence degree and specific purpose;The theory of "out of control plus large amount" should be used to judge whether the transaction fraud has caused attempted form after being "detected";The participants of cultural relic fraud should be divided into principal offender(executor)and accomplice(helper and instigator)On the basis of this,the principal offender and accessory offender are distinguished.Based on the identification of criminal groups from three aspects: the number of members,the density of organizations,and the purpose of crimes,the primary elements are identified through subjective and objective investigation.The crime of swindle and the crime of contract swindle in cultural relics trading belong to the concurrence of legal provisions.First,distinguish this crime and that crime,and then deal with the concurrence of legal provisions from a felony;The crime of swindle and the crime of fraud in cultural relics trading are imaginative concurrence,which is dealt with from a felony.In principle,the crime of fraud in the trade of cultural relics and the crimes of forgery and alteration should be treated as one felony,but considering the circumstances of the crime,several crimes should be punished together.