Law

The Supreme Court and the National Cutural Heritage Administration jointly released typical cases of promoting cultural relics protection according to law

2025-11-07   

On the first anniversary of the revision of the Law on the Protection of Cultural Relics, on November 7, the Supreme People's Court and the National Cutural Heritage Administration jointly released five typical cases of promoting the protection of cultural relics according to law. The release of this typical case aims to fully leverage its warning, educational, and guiding role, demonstrate the determination to uphold the bottom line, red line, and lifeline of cultural relic safety, and guide the public to enhance their awareness of cultural relic protection. In typical cases, the people's courts severely crack down on illegal crimes that disrupt the order of cultural relic management, fully implement the criminal policy of balancing leniency and severity, implement the principle of "strictly handling according to law, unifying judgment standards, and providing sufficient evidence for leniency and severity", and encourage the perpetrators to actively return cultural relics, compensate for losses, restore cultural relics and the surrounding environment, and weave a dense network of cultural relic safety protection. In the case of Wang Mouping's criminal incidental civil public interest lawsuit for the theft and excavation of ancient tombs, Wang Mouping and others illegally excavated ancient tombs and stole precious cultural relics, causing serious damage to the cultural relics. The people's court shall strictly investigate the criminal responsibility of the defendant in accordance with the law, order compensation for archaeological excavation costs, and hold a public hearing at the site of cultural relics protection, interpreting the law based on the case, to enhance the awareness of the whole society to protect cultural relics in accordance with the law. In the case of "Criminal Incidental Civil Public Welfare Litigation Case of Zhang and Li Who Intentionally Damaged Cultural Relics", Zhang and Li painted many cultural relics such as Mount Taishan Tablets and memorial archway, which damaged Mount Taishan cultural relics and ecological service value. The people's court shall investigate the criminal responsibility of the defendants in accordance with the law, and order the two defendants to apologize and compensate for the loss of ecological environment services, severely crack down on intentional damage to cultural relics, and have a warning and educational effect. In typical cases, the people's courts have assisted in improving the system of cultural relic protection and management, enhancing the level of cultural relic protection and management, actively promoting the coordination of administrative law enforcement and judicial trial work, supporting cultural relic protection and management institutions to perform their duties in accordance with the law, and forming a work pattern of integrated promotion and joint protection. In the case of a land lease contract dispute between a certain company and a certain economic cooperative, a certain company, as the actual construction unit, carried out construction projects within the protected area of the Zhejiang Xiaoshan Shaoxing section of the Grand Canal, a national key cultural relic protection unit, without the consent of the cultural relic administrative department and the approval of the people's government, and without obtaining the "Construction Project Planning Permit", causing serious damage to the historical style and safety environment of the cultural relics. The People's Court has lawfully determined that a certain company shall bear the losses incurred due to the demolition of illegally constructed factories, and supports relevant government departments in strengthening law enforcement and performance of the protection of cultural relics on the Grand Canal. In addition, in typical cases, the people's court better "brings cultural relics to life". In the case of the execution of a loan contract dispute between Chen et al. and a certain equipment factory, the people's court worked together through preservation, trial, and execution to ensure the smooth expropriation of the Changleyuan Anti Japanese War Industrial Site, a national key cultural relic protection unit, in accordance with the law. This helped to build the site into the Baoji Industrial Museum, a base for industrial culture research and patriotic education, and to eliminate obstacles, providing judicial protection for the effective utilization of the anti Japanese war industrial site. In the case of the dispute over the return of the original property between a certain style company and a certain catering company, the People's Court assisted in the overall protection of the old residence of General Ji Hongchang, an anti Japanese martyr. The court ordered a certain company that still occupied the old residence after the lease contract expired to return the house in accordance with the law, and actively guided and supervised the relocation of the house, achieving the smooth recovery of the old residence in a well preserved state. After repair, it was opened to the public as a patriotic education base, effectively promoting the educational significance of revolutionary cultural relics in commemorating revolutionary martyrs and inheriting the red gene. It is reported that since 2015, people's courts at all levels have lawfully tried more than 17000 cases involving the protection and utilization of cultural relics and the protection and inheritance of cultural heritage, safeguarding the high-quality development of cultural relics with impartial justice. People's courts and cultural relics administrative departments at all levels will strive to use the strictest system and the strictest rule of law to promote the protection and utilization of cultural relics and the inheritance of cultural heritage, safeguard the spiritual roots of the Chinese nation, and provide strong guarantees for building a strong cultural foundation for the construction of a strong country and national rejuvenation. Case 1: Wang Mouping's Criminal Case of Excavating Ancient Tombs with Civil Public Interest Litigation - Severe Crackdown on Illegal Activities of Excavating Ancient Tombs [Basic Facts] During November 2020, Wang Mouping and six other people (all defendants in the same case have been sentenced) formed a cross gang and used methods such as "drilling steel rods" and "digging illegal holes" to excavate ancient tombs in Xuyi County, Jiangsu Province and Tianchang City, Anhui Province. They stole cultural relics such as Han Four Breasts and Four Chi patterned mirrors, Han persimmon button connected arc patterned star cloud mirrors, Warring States bronze swords, Warring States plain faced bronze tripods, etc. After identification, the stolen ancient tombs were tombs from the Warring States period to the Han Dynasty, which have important value for studying the shape, craftsmanship, and historical culture of tombs during this period. This excavation behavior has caused serious damage to the tombs. The cultural relics involved in the case have been recovered and identified, including 3 third grade cultural relics and 1 general cultural relic. The Xuyi County Museum in Jiangsu Province conducted salvage archaeological excavations on the looted ancient tombs, which actually incurred excavation costs. The People's Procuratorate of Xuyi County, Jiangsu Province has filed a criminal incidental civil public interest lawsuit in this case. 【 Judgment Result 】 The People's Court of Xuyi County, Jiangsu Province held that the defendant Wang Mouping had committed the crime of excavating ancient tombs and stealing precious cultural relics. Therefore, he was sentenced to ten years and three months in prison and fined for the crime of excavating ancient tombs; Order it to return and compensate 70000 yuan of illegal gains; Jointly compensate for the archaeological excavation costs of 71476.82 yuan within the scope of their participation and publicly apologize to the society on provincial media. The Nanjing Intermediate People's Court of Jiangsu Province upheld the original verdict in the second instance. This case is a typical example of the people's court severely cracking down on the illegal crime of excavating ancient tombs and ordering the defendant to bear corresponding civil liability. As an important type of cultural relic, ancient tombs are important carriers for the continuation of historical civilization and have high historical, artistic, and scientific value. The case involves the theft and excavation of ancient tombs, which seriously affects the safety of cultural relics and disrupts the order of cultural relic management. It not only seriously damages the tomb itself, but also causes damage to the natural and cultural environment of the tomb group. The people's court adheres to the strictest system and the strictest rule of law to punish cultural relics crimes, weaves a dense network of cultural relics safety protection, holds the defendant criminally responsible in accordance with the law, and orders them to bear corresponding rescue excavation costs. It also held a public hearing at the "Dayunshan Hanwang Mausoleum Museum" near the ancient tomb, inviting National People's Congress deputies and local residents to observe on site. Through interpreting the law through cases, it enhances the awareness of cultural relics protection among the general public and demonstrates the determination and confidence to crack down on crimes that damage cultural relics severely. Case 2: Criminal incidental civil public interest litigation case of Zhang and Li who deliberately damaged cultural relics - judicial assistance for the protection of Mount Taishan ancient buildings [basic case] Mount Taishan is a world cultural and natural heritage and a national scenic spot. The ancient buildings and inscriptions in Mount Taishan constitute a unique cultural landscape in Mount Taishan, which is a non renewable cultural heritage with important historical, artistic and scientific values. On July 18, 2021, based on the wrong understanding of "changing our lives", Zhang and Li used red markers to scribble on many national key cultural relics protection units, such as the "Wonders of the World" stele, the "Confucius' Landing Place" memorial archway, and other provincial cultural relics protection units in Shandong, such as the "Green unfinished" stone inscriptions. A total of 6 national key cultural relics protection units and 29 provincial cultural relics protection units in Shandong were scribbled. The People's Procuratorate of Mount Taishan District, Tai'an City, Shandong Province filed a criminal incidental civil public interest lawsuit in this case. [Judgment result] The People's Court of Mount Taishan District, Tai'an City, Shandong Province held that the defendants Zhang and Li violated the laws and regulations on cultural relics protection and deliberately painted the cultural relics of national key cultural relics protection units and provincial cultural relics protection units, which constituted the crime of deliberately destroying cultural relics. At the same time, the two defendants' illegal acts have damaged the ecological environment of Mount Taishan Scenic Area, damaged the value of cultural relics and ecological services, and should bear the liability for compensation according to law. Zhang was sentenced to one year in prison, suspended for two years, and fined; Li received a single penalty; The two defendants apologized and compensated for the corresponding loss of ecological environment service functions in media at or above the provincial level. [Typical significance] This case is a typical case in which the People's Court severely cracked down on intentional destruction of cultural relics, corrected feudal superstition and misconceptions, and protected precious cultural relics in Mount Taishan. Cultural relics and natural heritage are important ecological and environmental elements. In this case, Zhang and Li deliberately painted and damaged cultural relics out of feudal superstition, which not only damaged the body of the national key cultural relics protection unit "Mount Taishan Ancient Buildings" and the provincial cultural relics protection unit "Mount Taishan Panlu Ancient Buildings", but also damaged the historical, artistic and scientific values of the above ancient buildings and the ecological environment of Mount Taishan Scenic Spot. The people's court pursued the criminal responsibility of the two defendants in accordance with the law, and ordered them to apologize and compensate for the loss of ecological environment services. This played a warning and educational role, demonstrating the firm determination to protect the ecological environment with the strictest rule of law and judicial assistance for cultural relics protection. Case 3: Dispute over Land Lease Contract between a Company and an Economic Cooperation Agency - Judicial Assistance for the Protection of the Grand Canal World Cultural Heritage [Basic Case] In April 2014, a village in Xiaoshan District, Hangzhou City, Zhejiang Province publicly auctioned and leased 15 acres of existing industrial construction land located within the protection range of the Zhejiang Xiaoshan Shaoxing section of the Grand Canal, a national key cultural relic protection unit. Xu, the legal representative of the company, won the land involved in the case and signed a "Land Lease Agreement" with a village owned enterprise, the Economic Cooperation Agency. Later, a certain company built its own factory on the leased land mentioned above. In February 2017, the town government discovered that a company had built a factory without obtaining a rural construction planning permit in accordance with the law, and sent a "Notice of Order to Rectify within a Time Limit" to the company. In August and October 2018, due to the fact that most of the buildings in a company's factory were located within the protection range of a cultural relic protection unit, which was a construction project carried out within the protection range of a cultural relic protection unit without the approval of the cultural relic administrative department, the Xiaoshan District Comprehensive Administrative Law Enforcement Bureau and the Xiaoshan District Culture, Radio, Television, Press and Publication Bureau respectively issued an "Administrative Penalty Decision" and a "Notice of Rectification Order" to the company, requiring the company to demolish them within a specified period of time. Later, a certain company failed to comply with the administrative penalty decision, and the town government demolished the illegal building. A certain company has filed a lawsuit requesting the termination of the Land Lease Agreement, the return of land rent by a certain economic cooperative, compensation for factory demolition and relocation losses, and interest losses. The People's Court of Xiaoshan District, Hangzhou City, Zhejiang Province, after trial, believes that according to the provisions of the Cultural Relics Protection Law, other construction projects or blasting, drilling, excavation and other operations carried out within the protection scope of national key cultural relics protection units must be approved by the people's governments of provinces, autonomous regions and municipalities directly under the central government, and the consent of the cultural relics administrative department of the State Council should be obtained before approval. The majority of the factories involved in the case are located within the protected area of the Zhejiang Xiaoshan Shaoxing section of the Grand Canal, a national key cultural relic protection unit. A very small part is located within the construction control zone. As the actual construction unit of the factories involved in the case, a certain company did not obtain the "Construction Project Planning Permit" without the approval of the provincial, autonomous region, and municipality people's governments and the consent of the State Council cultural relic administrative department before building the factories on the leased land involved in the case. Therefore, the factories involved in the case were identified as illegal buildings by relevant departments and were demolished. In addition, a certain company did not provide evidence to prove that it had submitted a design and construction plan for the factory involved in the case to a certain agency for review and approval before construction. Therefore, the compensation incurred by the company due to the demolition of the illegally constructed factory was not proven

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Rule of Law Daily

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Recommended Reading Change it

Links