Law of People's Republic of China (PRC) on the Protection of Cultural Relics (revised on October 28th, 2002) Article 2 In People's Republic of China (PRC), the following cultural relics are protected by the state: (1) Ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings and murals with historical, artistic and scientific value; (2) Important historical sites, objects and representative buildings related to major historical events, revolutionary movements or famous figures in modern times, which have important commemorative significance, educational significance or historical value; (3) Precious artworks and arts and crafts in different periods in history; (four) important documents in different historical periods, manuscripts and books with historical, artistic and scientific value. ; (five) representative objects reflecting the social systems, social production and social life of various times and ethnic groups in history. The standards and measures for cultural relics appraisal shall be formulated by the administrative department of cultural relics of the State Council and submitted to the State Council for approval. Vertebrate paleontology and ancient human fossils with scientific value are protected by the state as well as cultural relics. Article 64 Whoever, in violation of the provisions of this Law, commits any of the following acts, which constitutes a crime, shall be investigated for criminal responsibility according to law: (1) excavating ancient cultural sites and ancient tombs; (2) intentionally or negligently damaging precious cultural relics under state protection; (3) Selling state-owned cultural relics or giving them to non-state-owned units or individuals without authorization; (4) selling or giving away precious cultural relics prohibited by the state to foreigners without permission; (five) reselling cultural relics prohibited by the state for profit; (6) smuggling cultural relics; (seven) theft, looting, dividing up or illegally occupying state-owned cultural relics; (eight) other acts that hinder the management of cultural relics and should be investigated for criminal responsibility. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Obstruction of Cultural Relics Management [20 15] No.23 (201510/21663rd Meeting of the Judicial Committee of the Supreme People's Court, 43rd Meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate 20/ Kloc-0/5438 According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC) and the Law on the Protection of Cultural Relics of People's Republic of China (PRC), some issues concerning the application of laws in handling such criminal cases are explained as follows: Article 1 "Cultural relics prohibited by the state from exporting" as stipulated in Article 151 of the Criminal Law, and those who smuggle second-class cultural relics prohibited by the state according to the Law on the Protection of Cultural Relics of People's Republic of China (PRC) shall be punished in accordance with the provisions of the second paragraph of Article 151 of the Criminal Law. Smuggling first-class cultural relics prohibited by the state shall be deemed as "the circumstances are particularly serious" as stipulated in the second paragraph of Article 151 of the Criminal Law; Smuggling third-class cultural relics prohibited by the state shall be recognized as "minors" as stipulated in the second paragraph of Article 151 of the Criminal Law. If the smuggling of cultural relics prohibited by the state cannot determine the level of cultural relics, or if the conviction and punishment according to the level of cultural relics are obviously too light or too heavy, they can be convicted and punished according to the value of smuggled cultural relics. Whoever smuggles cultural relics worth more than 200,000 yuan but less than 1 million yuan shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and fined in accordance with the provisions of the second paragraph of Article 151 of the Criminal Law; If the value of cultural relics is more than one million yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in the second paragraph of Article 151 of the Criminal Law; Cultural relics with a value of more than 50,000 yuan but less than 200,000 yuan shall be deemed as "minor" as stipulated in the second paragraph of Article 151 of the Criminal Law. Article 2 Whoever steals general cultural relics, cultural relics of Grade III and cultural relics of Grade II or above shall be deemed as "a large amount", "a huge amount" and "especially huge" as stipulated in Article 264 of the Criminal Law respectively. Stealing cultural relics, it is impossible to determine the level of cultural relics, or if the conviction and sentencing according to the level of cultural relics are obviously too light or too heavy, it shall be convicted and sentenced according to the value of the stolen cultural relics. Article 3 The ontologies of national key cultural relics protection units and provincial cultural relics protection units shall be recognized as "cultural relics recognized as national key cultural relics protection units and provincial cultural relics protection units" as stipulated in the first paragraph of Article 324 of the Criminal Law. Deliberately destroying precious cultural relics under state protection or cultural relics designated as national key cultural relics protection units or provincial cultural relics protection units shall be deemed as "serious" as stipulated in the first paragraph of Article 324 of the Criminal Law in any of the following circumstances: (1) Causing damage to five or more third-class cultural relics; (2) Causing damage to cultural relics above Grade II; (three) causing serious damage or loss of the national key cultural relics protection units and provincial cultural relics protection units; (four) repeatedly damaged or damaged many national key cultural relics protection units and provincial cultural relics protection units; (five) other serious circumstances. Whoever commits any of the acts listed in the preceding paragraph and refuses to carry out the administrative decision or order made by the state administrative department for cultural relics to stop infringing on cultural relics shall be given a heavier punishment as appropriate. Article 4 The ontologies of immovable cultural relics, such as the core scenic spots of scenic spots and sites of ancient culture, ancient tombs, ancient buildings, cave temples, stone carvings, murals, important modern historical sites and representative buildings, which have not been designated as national key cultural relics protection units or provincial cultural relics protection units, shall be recognized as "places of interest under state protection" as stipulated in the second paragraph of Article 324 of the Criminal Law. Intentional damage to places of interest under state protection shall be deemed as "serious circumstances" as stipulated in the second paragraph of Article 324 of the Criminal Law in any of the following circumstances: (1) Causing serious damage or loss of places of interest; (two) repeatedly damaged or damaged many places of interest; (3) Other serious circumstances. Whoever commits any of the acts listed in the preceding paragraph and refuses to carry out the administrative decision or order made by the state administrative department for cultural relics to stop infringing on cultural relics shall be given a heavier punishment as appropriate. Whoever intentionally damages cultural relics in scenic spots that have been designated as national key cultural relics protection units and provincial cultural relics protection units shall be convicted and sentenced in accordance with the provisions of the first paragraph of Article 324 of the Criminal Law and Article 3 of this Interpretation. Article 5 Whoever negligently damages precious cultural relics under state protection or cultural relics designated as national key cultural relics protection units or provincial cultural relics protection units shall be deemed as "causing serious consequences" as stipulated in the third paragraph of Article 324 of the Criminal Law under any of the circumstances specified in Items 1 to 3 of Paragraph 2 of Article 3 of this Interpretation. Article 6 Whoever sells or purchases, transports or stores cultural relics prohibited by the state as stipulated in the Law of People's Republic of China (PRC) on the Protection of Cultural Relics shall be deemed as "reselling cultural relics prohibited by the state" as stipulated in Article 326 of the Criminal Law. The sale of cultural relics prohibited by the state in any of the following circumstances shall be deemed as "serious" as stipulated in Article 326 of the Criminal Law: (1) selling third-class cultural relics; (2) The transaction amount is more than 50,000 yuan; (3) Other serious circumstances. The acts specified in the preceding paragraph shall be deemed as "especially serious" as stipulated in Article 326 of the Criminal Law if any of the following circumstances occurs: (1) reselling cultural relics above the second level; (two) reselling more than five third-class cultural relics; (3) The transaction amount is more than 250,000 yuan; (4) Other particularly serious circumstances. Article 7 State-owned museums, libraries and other state-owned units that, in violation of laws and regulations on the protection of cultural relics, sell or privately give cultural relics under state protection to non-state-owned units or individuals shall be investigated for criminal responsibility for the crime of illegally selling or privately giving cultural relics in accordance with the provisions of Article 327 of the Criminal Law. Article 8 The ancient cultural sites and ancient tombs mentioned in the first paragraph of Article 328 of the Criminal Law include underwater ancient cultural sites and ancient tombs. "Ancient cultural sites and ancient tombs" are not limited to ancient cultural sites and ancient tombs announced as immovable cultural relics. If illegal excavation has damaged the historical, artistic and scientific value of ancient cultural sites and ancient tombs, it shall be deemed that the crime of illegal excavation of ancient cultural sites and ancient tombs has been accomplished. Whoever steals ancient buildings, cave temples, stone carvings, murals, important historical sites and representative buildings other than ancient cultural sites and ancient tombs by destructive means shall be investigated for criminal responsibility for theft in accordance with the provisions of Article 264 of the Criminal Law. Article 9 Whoever knowingly conceals, transfers, purchases, processes, sells or otherwise conceals or disguises cultural relics of Grade III or above obtained from crimes such as stealing cultural relics, excavating ancient cultural sites and ancient tombs shall be investigated for criminal responsibility in accordance with the provisions of Article 312 of the Criminal Law. Whoever commits the acts listed in the preceding paragraph and conspires in advance shall be punished for the crime of * * *. Tenth state functionaries are seriously irresponsible, resulting in the loss or damage of precious cultural relics. Under any of the following circumstances, it shall be deemed as "serious consequences" as stipulated in Article 419 of the Criminal Law: (1) Causing damage to or loss of cultural relics above Grade II or above Grade III; (2) Causing serious damage or loss to national key cultural relics protection units and provincial cultural relics protection units; (3) Other circumstances that cause serious consequences. Article 11 If a unit smuggles or resells cultural relics, which constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be convicted and punished in accordance with the conviction and sentencing standards for crimes committed by natural persons as stipulated in this Interpretation, and the unit shall also be fined. Companies, enterprises, institutions, organs, organizations and other units that steal cultural relics, intentionally damage cultural relics, historical sites, negligently damage cultural relics, and illegally dig ancient cultural sites and ancient tombs shall be investigated for criminal responsibility of organizers, planners and implementers in accordance with the corresponding conviction and sentencing standards stipulated in this Interpretation. Article 12 Whoever smuggles, steals or resells immovable cultural relics as a whole shall be convicted and sentenced according to the level of immovable cultural relics and the provisions of Articles 1, 2 and 6 of this Interpretation: (1) Immovable cultural relics that have not been identified as cultural relics protection units shall be subject to the conviction and sentencing standards of general cultural relics; (two) the city and county cultural relics protection units according to the three-level cultural relics conviction and sentencing standards; (three) the national key cultural relics protection units and provincial cultural relics protection units shall apply the conviction and sentencing standards for cultural relics above the second level. Whoever smuggles, steals or resells building components, murals, sculptures and stone carvings in immovable cultural relics shall be convicted and sentenced according to the grades or values of the building components, murals, sculptures and stone carvings themselves and in accordance with the provisions of Articles 1, 2 and 6 of this Interpretation. The grades of immovable cultural relics such as building components, murals, sculptures and stone carvings should be considered as sentencing circumstances. Thirteenth cases involving different levels of cultural relics, according to the range of senior cultural relics; If there are many cultural relics of the same level, five cultural relics of the same level shall be regarded as a cultural relic of a higher level, except for those with obviously different values. Fourteenth according to the value of cultural relics convicted and sentenced, according to the effective price certificate of cultural relics involved to determine the value of cultural relics; If there is no valid price certificate, or it is obviously unreasonable according to the price certificate, it shall be determined according to the amount of stolen goods, or combined with the appraisal opinions and reports stipulated in Article 15 of this Interpretation. Fifteenth before the actor carries out the relevant acts, the administrative department of cultural relics has identified the cultural relics involved and their grades, and can directly identify the relevant facts of the case. If it is difficult to determine the specific issues related to the identification and value determination of the cultural relics involved, the judicial authentication institution shall issue an appraisal opinion or a report issued by the institution designated by the administrative department of cultural relics of the State Council. Among them, for the value of cultural relics, the relevant price certification institutions can also conduct price certification and issue a report. Article 16 Although the acts specified in Articles 1, 2, 6 to 9 of this Interpretation have reached the standard that criminal responsibility should be investigated, but the perpetrator is a first-time offender, actively returns or assists in recovering cultural relics, and does not cause loss of cultural relics, and does show remorse, it can be considered that the crime is minor and can be exempted from prosecution or criminal punishment. Although the implementation of the acts specified in Articles 3 to 5 of this Interpretation has reached the standard that criminal responsibility should be investigated, but the perpetrator is a first-time offender, actively compensates for the losses, and does show repentance, it can be determined that the circumstances of the crime are minor, and he may not be prosecuted or exempted from criminal punishment. Article 17 Whoever smuggles, steals, damages, resells, digs or illegally transfers vertebrate paleontology and ancient human fossils with scientific value shall be convicted and sentenced in accordance with the relevant provisions of the Criminal Law and this Interpretation. Article 18 This Interpretation shall come into force as of1October 2006, 2065438+ 1 day. After the promulgation and implementation of this Interpretation, the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Cases of Theft, Excavation, Illegal Operation and Smuggling of Cultural Relics (Law (R&D) No.32) shall be abolished at the same time; If the judicial interpretation previously issued is inconsistent with this interpretation, this interpretation shall prevail.