The Practical Dilemma and Improvement Path of Punishing the Organized Crimes on Cultural Relics——Taking the Perspective of Crimes of Excavating and Robbing Ancient Cultural Sites and Tombs
Currently,cultural relic crimes in China have presented new features,especially with the emergence of organized crimes in excavating and robbing ancient cultural sites and tombs.The criminal gangs have developed features of organization,economy,behav-ior and illegal control(harmfulness)of criminal activities,showing a trend towards organized crime,thus,these crimes should be in-cluded in the punishment of organized crime.However,the current criminal policy orientation for punishing organized cultural relic crimes is unclear,with issues such as ambiguous and uneven criteria for prosecution and sentencing,inadequate provisions for case ju-risdiction,insufficient penalties for protectors,and the neglect of civil liability investigations.Therefore,it is necessary to construct a path for punishing organized cultural relic crimes,clarify the criminal policy orientation and basic principles for severe punishment of such crimes,improve the criminal law regulations and trial procedures pertaining to organized cultural relic crimes,establish a joint case-handling mechanism between judicial organs and disciplinary inspection and supervision organs,and maximize the role of procuratori-al organs in public interest litigation.
excavating and robbing ancient cultural relicsorganized crimespractical dilemmapunishment path
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