National first-class cultural relics can be collected by individuals, but they cannot be bought or sold. Citizens, legal persons and other organizations shall not buy or sell the following cultural relics:
1, state-owned cultural relics, except those permitted by the state;
2. Precious cultural relics in non-state-owned collections;
3 murals, sculptures, building components, etc. Among state-owned immovable cultural relics,
Buying or selling cultural relics prohibited by the state from leaving the country or transferring, leasing or pledging cultural relics prohibited from leaving the country to foreigners, which does not constitute a crime, shall be ordered by the cultural relics department of the people's government at or above the county level to make corrections, and the illegal gains shall be confiscated. If the illegal business amount is more than 10 thousand yuan, a fine of more than two times and less than five times shall be imposed; If the illegal business amount is less than 1 10,000 yuan, a fine of more than 5,000 yuan and less than 20,000 yuan shall be imposed.
Citizens, legal persons and other organizations other than cultural relics collection units may collect cultural relics obtained in the following ways:
1. Inherit or accept gifts according to law;
2. Buy from a cultural relic store;
3. Cultural relics from auction;
4. Cultural relics legally owned by individual citizens are exchanged or transferred according to law;
5. Other legal means stipulated by the state.
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 of historical, artistic and scientific value;
2. Important historical sites, objects and representative buildings in modern times that are related to major historical events, revolutionary movements or famous people and have important commemorative, educational or historical value;
3. Precious artworks and arts and crafts in different periods in history;
4. Important documents in different periods in history, manuscripts and books with historical, artistic and scientific values, etc. ;
5. A representative physical object reflecting the social system, social production and social life of various times and nationalities 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.
What are the constitutive elements of the crime of reselling cultural relics?
1. Object elements: the object of the crime of reselling cultural relics is the national cultural relics management system;
2. Objective elements: the crime of reselling cultural relics is objectively manifested as the act of reselling cultural relics prohibited by the state, and the circumstances are serious;
3. Subject elements: the subject of the crime of reselling cultural relics is the general subject;
4. Subjective elements: the crime of reselling cultural relics is subjectively intentional.
To sum up, it is Bian Xiao's relevant answer about whether antique cultural relics can be bought or sold. I hope it will help you.
Legal basis:
Article 326 of the Criminal Code of People's Republic of China (PRC).
The crime of reselling cultural relics is to resell cultural relics prohibited by the state for profit. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; If the circumstances are especially serious, he 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 mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.