Qualitative Research On Illegal Sale Of Cultural Relics

The crime of reselling cultural relics is a social and legal phenomenon with a long history.The law on reselling cultural relics was introduced late in China.In 1997,the Criminal Law added the crime of reselling cultural relics.This is the first time that the Criminal Law formally stipulates the crime of reselling cultural relics.On December 30,2015,Lianggao and Gaogao issued the Interpretation of Several Questions Concerning the Application of Law in Criminal Cases of Impairing the Administration of Cultural Relics(hereinafter referred to as Interpretation).The relevant provisions of Interpretation provide guidance and norms for the application of law in handling cases of cultural relics crimes.The crime of reselling cultural relics is a common crime in the crime of reselling cultural relics.However,there are still some problems in the legal provisions and the application of criminal law of the crime of reselling cultural relics in China.The crime of reselling cultural relics is difficult to identify in both theoretical research and judicial practice.To identify and identify the crime of reselling cultural relics accurately and strike accurately,we must clearly define the relevant legal issues in the crime of reselling cultural relics.The crime of illegal reselling of cultural relics seriously infringes on the state's management system of cultural relics protection.This article will analyze the serious illegal reselling of cultural relics which our country is facing.This paper analyses the ownership of cultural relics in different situations,and conducts qualitative analysis on the behavior of reselling cultural relics with different ownership.The main contents of this paper include the qualitative analysis of the acts of purchasing and reselling cultural relics which are known to be stolen and excavated,the act of robbing tombs and acquiring cultural relics and selling them,the act of acquiring cultural relics first and then selling them,the act of reselling and giving cultural relics legally acquired by individuals,and the analysis of the complexity of various cultural relics crimes and the cross-criminality.To clarify the boundaries between reselling cultural relics and other criminal acts and make a modest contribution to the improvement of the relevant provisions on conviction and sentencing of the crime of reselling cultural relics,so as to combat the crime of reselling cultural relics more effectively.