"Touching the Golden School Captain" took the risk, the court sentenced!

A drop of water can refract the sun.

A case can highlight the principle of rule of law.

The official WeChat official WeChat of the Supreme People's Court launched the "New Fashion of the Time of Tips and Great" to take you back to the shining "small cases", reflecting on those "truths" contained in it, and experience the promotion of every judicial case. Fairness and justice. What this issue brings you a stealing tomb case together.

Quotation

In recent years, grave robbing novels have become popular, and the brilliant treasures in the tombs are difficult to get rich overnight. The "Captain Golden School Captain" who stole the tomb was also described by some literature and film and television works, and even caused some young people to admire.

But the grave robbing is not archeological, and life cannot play. Cultural relics and monuments contain a thick Chinese historical memory, reflecting the magnificent Chinese traditional culture. Protection and inheritance of historical and cultural heritage is not only the common responsibility of the whole society, but also the obligation stipulated by the law. From ancient times to the present, stealing ancient tombs is not a glorious behavior. Those "Captain Golden School Captain" who tried the law and risked in danger would eventually be punished by law.

In March 2022, the Quyang County People's Court of Baoding City, Hebei Province issued a first trial judgment in accordance with the law to stole the ancient tombs and sentenced Pang Mouwei and other four people to prison for 10 years, 6 months to 12 years, and fined fines. The defendant Pang Mouwei refused to accept the judgment of the first instance and appealed to the Baoding Intermediate People's Court. On May 12, 2022, the Baoding Intermediate People's Court ruled to reject the appeal in accordance with the law and maintain the original sentence.

Retrospective

One day in June 2021, when Bo Mou and Liu Moujie were fishing in a reservoir in Quyang County, they found that the water level in the reservoir declined, exposing the broken tiles and crushing porcelain slices. Crooked. Subsequently, Bo Mouli was Pang Mouwei, and the three agreed to steal that night, but did not excavate cultural relics. Subsequently, Pang Mouwei contacted Zhen Mouze and Li Moulin (handled by another case) with Bo Moun and Liu Moujie. On the first night, several people dug out a black porcelain can and handed it over to Liu Moujie. Three days later, the five people dug three ancient tombs in the same way, but did not dig out the cultural relics. Due to the three consecutive days of no cultural relics, Zhen Mouze and Li Moulin no longer participated in stealing, and Pang Mouwei contacted Meng Moubin to continue to dig.

From June 25th to 26th, Liu Moujie looked at the wind, and the remaining three were excavated, and a large number of cultural relics such as bowls, plates, cans and porcelain fragments were excavated. On the 26th, the public security organs received telephone alarms from nearby villagers. After thorough deployment and investigation, the four grave robbers were arrested on the spot on the early morning of the 28th.

It was identified that the stolen tomb was initially recognized as a family ancient tomb group during the Song and Jin period, which has certain historical and scientific value. Among the stolen cultural relics, 2 pieces are third -level cultural relics, and 33 are general cultural relics. After the four criminal suspects were arrested by the public security organs, the criminal facts were truthful.

After trial, the Quyang County People's Court believed that the defendant Pang Mouwei and other four people stole ancient tombs with historical and scientific values ​​and stole precious cultural relics to constitute the crime of stealing the tombs and should be punished according to law.

The court of the second instance found that the fact that the original four appellars crimes, the nature of the crime, the plot, and the degree of harm to the society were not improper within the statutory level of punishment for the four people in accordance with the law.

Judge

Zhang Shuo

Secretary of the Party Group and Dean of the Quyang County People's Court

my country's criminal law has clearly stipulated the stolen ancient tombs. In accordance with Article 328 of the Criminal Law, the stolen ancient cultural sites, ancient tombs, and theft of precious cultural relics or severely damaged precious cultural relics shall be sentenced to more than ten years of imprisonment or life imprisonment, and fined or confiscated property. The four defendants in this case stole the ancient tombs with historical and scientific value, and two of the theft of cultural relics were three -level cultural relics, which were precious cultural relics. Throughout the case, the four defendants were sentenced to more than ten years in prison and punishment.

The judgment of this case according to law, while punishing criminals severely, also alert the person who wants to be "touching the golden school captain". While popularizing the protection of ancient tombs and the legal knowledge of cultural relics, it has also enhanced people's consciousness and actions to protect cultural relics.

Representative comment

Pang Yonghui

Representative of the National People's Congress and Chairman of Chen's Dingyao Porcelain Industry Co., Ltd.

Some illegal people are driven by interests, setting up national laws and social morals, and taking the so -called shortcuts to take unjust money and seriously destroy cultural relics and monuments. They must be severely punished by law. In this case, the Baoding Intermediate People's Court and Quyang County People's Court tried in accordance with the law to protect the stolen and protect the cultural relics in accordance with legal crimes, which demonstrated the determination of the people's court to crack down on grave robbing behaviors and alert people.

Cultural relics are both a symbol of the "hard power" of the country and the embodiment of the "soft power" of the nation. They have important historical, scientific, and artistic value. Therefore, the protection of cultural relics is of great significance to the entire country and nation. While cracking down on the excavation of ancient tombs, it is necessary to strengthen the popularization of historical and cultural knowledge and law education, forming the atmosphere of everyone's knowledge of cultural relics, loving cultural relics, knowing the law, and abiding by the law, better protection of cultural relics, and inheriting traditional culture.

Expert Reviews

Xu Shijian

Professor, dean of the Master of Law School of China University of Political Science and Law, vice president and secretary -general of the Chinese Law Society of Law and Law Society, and chairman of the Beijing Development Zone Rule of Law Construction Research Association. Chairman of the Chinese Society of Ethics.

Ancient tomb is a cultural heritage with historical, artistic and scientific values. Theft of ancient tombs is a criminal act that should be punished by criminal punishment, as shown in this case. Cultural heritage is a culturally valuable wealth relic created by human beings in social and historical practice. The cultural heritage of a national nation is a portrayal of the national spirit of the country. It carries the pride of the nation and the glory of the national history and culture. At the same time, cultural heritage also has unspeakable characteristics. Once disappears, it may be devastating destruction. Therefore, the importance of protecting cultural heritage is self -evident. Since 2006, the state will set the second Saturday of June each year as the Chinese Cultural Heritage Day.

my country's cultural heritage contains the vigorous vitality and creativity of the Chinese nation. It is the crystallization of national wisdom. Through the protection of cultural heritage, it can condense the national spirit and patriotic spirit, enhance national self -esteem and self -confidence. Traditional education plays an irreplaceable role. At the same time, cultural heritage is of great significance in foreign exchanges and tourism development, and shows the international spirit of self -improvement to our country.

Cultural heritage is also the valuable wealth that our ancestors have left us. We must not only protect and use reasonably, but also inherit it to our descendants, promote the traditional Chinese culture and enhance the soft power of Chinese culture.

Source: Supreme People's Court News Bureau

Comic: Zhang Yuwei

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