Article 324 Whoever intentionally damages precious cultural relics under state protection or cultural relics of national key cultural relics protection units or provincial cultural relics protection units shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever intentionally destroys places of interest under state protection, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also or only be fined.
Whoever negligently damages precious cultural relics under state protection or cultural relics of national key cultural relics protection units or provincial cultural relics protection units, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Explain that this article is about the crime and criminal punishment of destroying precious cultural relics under state protection, national key cultural relics protection units, provincial cultural relics protection units and scenic spots and historical sites.
The first paragraph of this article is about the crime of intentionally destroying cultural relics and its criminal punishment. "Precious cultural relics" in this paper mainly refers to movable cultural relics. According to the Law of People's Republic of China (PRC) on the Protection of Cultural Relics and the Classification Standard of Cultural Relics Collection, the first and second-class cultural relics are precious cultural relics, and some third-class cultural relics are also precious cultural relics. If the third-class cultural relics need to be classified as precious cultural relics, they shall be confirmed by the State Cultural Relics Appraisal Committee. Precious cultural relics mainly include: precious works of art in various periods in history; Arts and crafts; Important revolutionary documents and manuscripts of historical, artistic and scientific value; Old books and materials; A representative object that reflects the social system, social production and social life of various times and nationalities in history. Such as money, clothes, utensils, famous paintings, etc. "Cultural relics protection units" refer to immovable cultural relics such as revolutionary sites, memorial buildings, ancient cultural sites, ancient tombs, ancient buildings, cave temples and stone carvings determined by the people's government in accordance with legal procedures. Such as Soong Ching Ling's former residence, the Qing Dongling, the ruins of the tobacco and alcohol capital, etc. Cultural relics protection units are divided into national key cultural relics protection units, provincial cultural relics protection units and county (city) level cultural relics protection units. Cultural relics protection units shall be approved and announced by the State Council, the provincial people's government and the county (city) people's government according to their levels. "Deliberate destruction" refers to the deliberate destruction of precious cultural relics protected by the state; Acts of destroying national key cultural relics protection units and provincial cultural relics protection units. Among them, "destruction" includes breaking, smearing, dismantling, burning and other destructive acts that make cultural relics lose their cultural value. Whoever intentionally damages precious cultural relics under state protection or cultural relics designated as national key cultural relics protection units or provincial cultural relics protection units shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; "If the circumstances are serious", he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined. "Serious circumstances" mainly refers to the destruction of particularly precious cultural relics or cultural relics protection units with particularly important value; Destroying many or more precious cultural relics protected by the state, making them irreparable; Many national key cultural relics protection units and provincial cultural relics protection units have been damaged or destroyed for many times, and it is difficult to restore the original state, causing irreparable losses to national cultural relics and property.
The second paragraph of this article is about the crime of intentionally destroying places of interest protected by the state and its criminal punishment. The term "historical sites" as mentioned in this paragraph refers to the famous scenic spots that can be visited by people, as well as historical sites such as ancient buildings, sculptures and stone carvings that have not been approved and announced by the people's government as cultural relics protection units. Whoever intentionally destroys places of interest under state protection, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also or only be fined. "Serious circumstances" generally refers to the repeated destruction of places of interest; Destruction of many places of interest; Damage to important places of interest; Destruction of scenic spots, causing serious adverse social impact; Do not listen to dissuasion or warning, causing others to damage places of interest; The damage results are serious, causing devastating damage to places of interest and so on.
The third paragraph of this article is about the crime of negligent destruction of cultural relics and its criminal punishment. "Negligently damaging precious cultural relics under state protection or cultural relics designated as national key cultural relics protection units or provincial cultural relics protection units" mainly refers to the damage caused to precious cultural relics or national key cultural relics protection units or provincial cultural relics protection units due to negligence or credulity. For example, in the process of capital construction, there is no necessary investigation and exploration before construction, which leads to the destruction of ancient cultural sites or ancient tombs and precious cultural relics during construction. Criminal responsibility shall be investigated only if the national key cultural relics protection units, provincial cultural relics protection units or precious cultural relics protected by the state are negligently damaged, resulting in serious consequences. "Causing serious consequences" mainly refers to the destruction of a large number of precious cultural relics; Destroy very important cultural relics protection units, so that they can not be restored to their original state, causing irreparable serious losses to national cultural relics and property. It stipulates that whoever negligently damages cultural relics and causes serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.