He was sentenced to bear 100,000 restoration fees!The country's first mobile cultural relics protection public interest litigation case today sentenced the first instance
Author:The official account of Xi'an Time:2022.08.31
At 9:30 on August 30, the Jiujiang Intermediate People's Court of Jiangxi opened the trial of the Jiujiang Municipal People's Procuratorate to sue Chen Mouwang's mobile cultural relics to protect the public interest lawsuit, and made a trial judgment in court, ordering the defendant Chen Mouwang to bear the repairs of cultural relics The cost of 100,000 yuan and expert assessment costs, and published an announcement in the national media to apologize to the society. The case is the first country in the country to protect the prosecutor's civil public interest lawsuit, which is of positive significance for promoting the awareness of the protection of cultural relics and the popularization of cultural relics protection.
It was found out that on October 25, 2020, the defendant Chen Mouwang picked up a bronze ware in the mountains contracted in a village in Yangxin County, Huangshi City, Hubei Province. Editing bells have high value, and the editing bells appear in batches. Therefore, the next morning, Chen Mouwang carried a hoe to the contracting place of the picked clock to dig for excavation, and a total of eight bells were dug out. Three of them were damaged due to excavation. In May 2021, Chen Mouwang was arrested by Jiujiang Public Security Organs on the spot when he was illegally sold. In December 2021, Chen Mouwang was sentenced to two years and five months in prison for selling cultural relics, and fined 20,000 yuan.
After being identified, the nine bronze codes in the above -mentioned nine pieces of bronze belong to the unearthed cultural relics. The age is about the late Western Zhou Dynasty. The preservation is basically intact. A small number of "bronze" are broken and damaged. It is designated as a third -level, as a whole as a national second -level cultural relic. After evaluating the expert group, the evaluation opinions were: (1) Nine bronze editors, of which 2 were damaged No. 002, 10 damage to 003 was obvious. New damage. (2) Comprehensive consideration of factors such as the level of damage to the cultural relics, the degree of damage, the value of the cultural relics, and the required materials, and the process of restoration. Jiujiang City People's Procuratorate's expenditure expert evaluation fee is 4,000 yuan.
During the trial, the People's Procuratorate of Jiujiang City submitted four sets of evidence to the court. The defendant Chen Mouwang had no objection to the three sexes of the above evidence. Whether the two sides have infringed on the defendant's damage to the bell in this case, whether the public interest, whether the defendant's behavior of the defendant should bear responsibility, and how to bear the responsibility of controversy.
Jiujiang Intermediate Court believes that cultural relics, as a material relic of history, have historical values, scientific research value and artistic value. The defendant Chen Mouwang excavated and caused cultural relics to damage. His behavior infringed on social public interests and should bear the liability for civil infringement. In accordance with Article 1,165, paragraph 1, paragraph 1 of the People's Republic Article 65, paragraph 1, and Article 58, paragraph 2 and 155 of the Civil Procedure Law of the People's Republic of China, make the above -mentioned first -instance judgment in accordance with the law.
The defendant Chen Mouwang was currently serving the crime of selling cultural relics, and his entrusted litigation agent went to the court to participate in the lawsuit. After the first instance was pronounced, the defendant said that he would not appeal, and regretted the damage caused by the damage caused by the private mining and expressed his sincere apology to the public.
Source: CCTV News Client
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