Purchasers of cultural relics are generally not subject to criminal penalties, but resellers of cultural relics need to be held criminally responsible for violating the crime of reselling cultural relics.
"Criminal Law of the People's Republic of China"
Article 325: Crime of illegally selling or presenting precious cultural relics to foreigners
Violation of cultural relics According to protection regulations, anyone who privately sells or privately presents to foreigners a collection of precious cultural relics that are prohibited from being exported by the country shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 326: Crime of reselling cultural relics
Whoever resells cultural relics prohibited by the state for the purpose of profit, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also shall be fined; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Extended information:
1. Determination of cultural relics
"Criminal Law of the People's Republic of China"
Article 2? Within the territory of the People's Republic of China, 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 modern and modern historical sites, objects and representative buildings that are related to major historical events, revolutionary movements or famous figures and have important commemorative significance, educational significance or historical material value;
(3) Precious artworks and arts and crafts from various eras in history;
(4) Important documents and materials from various eras in history, as well as manuscripts and books with historical, artistic and scientific value etc.;
(5) Representative objects that reflect the social systems, social production and social life of various eras and ethnic groups in history.
The standards and methods for the identification of cultural relics are formulated by the cultural relics administrative department of the State Council and submitted to the State Council for approval.
Palaeovertebrate fossils and ancient human fossils with scientific value are protected by the state like cultural relics.
Article 3: Immovable cultural relics such as ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings, murals, important modern and contemporary historical sites and representative buildings shall be protected according to their historical, artistic and scientific value. , can be determined as national key cultural relics protection units, provincial cultural relics protection units, city and county level cultural relics protection units.
Removable cultural relics such as important objects, works of art, documents, manuscripts, books and materials, and representative objects in various historical eras are divided into precious cultural relics and general cultural relics; precious cultural relics are divided into first-class cultural relics and second-class cultural relics. Cultural relics, third-level cultural relics.
2. The significance of cultural relic protection
1. Protecting cultural relics can effectively preserve the material civilization created by our ancestors.
For example, carved wooden beds, longevity plaques, edict wooden boxes, stone mills, stone mills, stone mills, looms, spinning wheels, Taishi chairs, ancient Porcelain, etc., these are all material cultures created by our ancestors in the process of transforming and adapting to nature. They reflect the historical activities of the ancestors of the Chinese nation. Protecting these cultural relics means respecting ancestors, respecting history, and respecting national culture.
2. Under the trend of contemporary cultural diversification, protecting cultural relics and preserving the wealth left by our ancestors can reflect the characteristics of our own national culture and enrich the diversity of world cultures.
Cultural diversity is one of the driving forces of cultural development. It is not only a factor in promoting economic growth, but also a means for individuals and groups to enjoy a more satisfactory intellectual, emotional and moral spiritual life.
Defending cultural diversity and respecting human dignity are inseparable. Everyone has the right to express his thoughts, create and disseminate his works in the language of his choice, especially his mother tongue. Chinese culture spans five thousand years and is extensive and profound.
3. Effectively protecting cultural relics and historic sites and rationally developing them will help promote local economic development and improve local people's living standards.
The protection of cultural relics and historic sites are not incompatible with tourism development. As long as they are handled properly, both can achieve healthy development, and cultural relics can become a sustainable growth point for the local economy.
But the premise is to clearly understand the relationship between the protection of cultural relics and historic sites and economic growth. The development of cultural relics and historic sites must be based on effective protection. Only when the cultural relics are well protected, this economic growth point will not dry up in just a few years or more than ten years. Therefore, the management of cultural relics and monuments should follow the path of sustainable development.