Article 51 Citizens, legal persons and other organizations may 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.
Although the six stone carvings have been moderately damaged, they are all fine architectural components of cultural relics, with the basic characteristics of “class III” cultural relics.
The deal was concluded and everyone was happy.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
The collection of cultural relics by citizens, legal persons and other organizations other than cultural relics collection units must comply with the methods stipulated in the law of the people’s Republic of China on the protection of cultural relics.
Article of the law is linked to Article 326 of the criminal law of the people’s Republic of China Whoever, for the purpose of making profits, resells cultural relics prohibited by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be 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 10 years and shall also be fined.
Whoever resells cultural relics prohibited by the state under any of the following circumstances shall be deemed to be a serious case as stipulated in article 326 of the criminal law: (1) reselling class III cultural relics; （2） The transaction amount is more than 50000 yuan; （3） Other serious circumstances.
At this time, Dawei thought it was a good thing.
Dawei felt that there was some truth.
As a token of gratitude, Dawei and Lao Wang also gave middleman a Qiang and brother Zhang tens of thousands of yuan.
Although the stone carvings are mixed in the muck and damaged by the excavator, they are still beautiful in color.
At that time, he can sell it at a good price.
After many people, ah Feng finally found brother Zhang through a Qiang and contacted Lao Wang, who once opened an antique shop and is currently engaged in the purchase of old stone bars.
The unearthed treasure in the territory belongs to the state.
Through the analysis of the shape, pattern and carving techniques of the stone carvings involved, the experts determined that they were cultural relics of the Qing Dynasty.
in state-owned immovable cultural relics, except that murals, sculptures, building components, etc.
Instead of worrying about the collision between the stone carvings and his ancestral grave, he might as well sell them to make some money.
It was the first time he had dug up a treasure after so many years of construction.
Article 50 Citizens, legal persons and other organizations other than cultural relics collection units may collect cultural relics obtained by the following means: （1） Inheriting or accepting gifts according to law; （2） Purchase from cultural relics store; （3） Purchase from auction enterprises engaged in cultural relics auction; （4） Cultural relics legally owned by individual citizens are exchanged or transferred according to law; （5） Other legal methods stipulated by the state.
So Dawei decided to sell these stone carvings and entrusted a Feng to help find a buyer.
Remind you not to be greedy when digging treasure unexpectedly.
Therefore, Lao Wang decided to buy it at a price of more than 100000 yuan.
Looking at these delightful stone carvings, Dawei thought that the ancestral grave he was building recently was missing a few stone carvings for decoration.
In order to strengthen the protection of cultural relics, China’s laws have made clear provisions on the collection and acquisition of cultural relics.
Recently, the Beijing Fengtai District People’s Procuratorate prosecuted Dawei and five other people for the crime of reselling cultural relics.
Source: for more legal advice on law popularization in Fengtai, please call Lawyer Chen Wenyou at 13808140160 [copyright notice]: Text text.
Without reporting to any relevant unit, Dawei secretly asked the workers to pull the stone carvings back to his rented yard together with the muck.
Although there are some fractures and damages, according to my years of acquisition experience, if you find a craftsman, it is expected to be completely restored through careful repair.
Interpretation of the Supreme People’s court and the Supreme People’s Procuratorate on Several Issues concerning the application of law in handling criminal cases such as obstructing the management of cultural relics.
in state-owned immovable cultural relics demolished according to law do not belong to the collection units of cultural relics as stipulated in paragraph 4 of Article 20 of this law; （4） Cultural relics whose sources do not conform to the provisions of Article 50 of this law.
He also claimed that if he sold them at a good price, he would benefit.
It’s better to sell it for money.”.
However, before Lao Wang’s dream of “making a fortune” came true, the police immediately arrested Dawei and other five people suspected of reselling cultural relics and recovered all the six stone carvings involved.
A few days later, FA xiaoa Feng came to play with Dawei and saw several stone carvings in the yard.
Article 6 Whoever sells or purchases, transports or stores for sale “cultural relics prohibited by the state” as stipulated in the law of the people’s Republic of China on the protection of cultural relics shall be recognized as “reselling cultural relics prohibited by the state” as stipulated in article 326 of the criminal law.
Antiques are qualified for circulation and should be purchased with caution.
After hearing this, ah Feng said, “the stone carvings carved with dragon patterns are expected to have an extraordinary status.
Any of the following circumstances shall be deemed to be especially serious if he commits the act specified in the preceding paragraph: （1） Reselling cultural relics of class II or above; （2） Reselling more than five class III cultural relics; （3） The transaction amount is more than 250000 yuan; （4） Other particularly serious circumstances.
Article 5 of the law of the people’s Republic of China on the protection of cultural relics All cultural relics remaining underground, in internal waters and in territorial waters within the territory of the people’s Republic of China belong to the state.
After learning about this, Lao Wang rushed to Dawei yard to check the stone carvings.
Combined with the carved cloud pattern and dragon pattern, Lao Wang judged that it should be the flower pond of the Qing Dynasty.
Never lose money carelessly, and the source audit should be careful.
The cultural relics mentioned in the preceding paragraph collected by citizens, legal persons and other organizations other than cultural relics collection units may be circulated according to law.
For cultural relics from sources that do not comply with the provisions of Article 50 of the law, no citizen Legal persons and other organizations may not buy or sell.
Can we take the cultural relics excavated during the construction as our own? Is it illegal to resell cultural relics? Case review: as the person in charge of the construction site, Dawei found six pure, dense, white and clear stone carvings with vivid and exquisite dragon patterns and auspicious clouds when checking the slag pile dug up by the workers.
Your ancestral grave can’t hold it.
Timely report to avoid risks, and hand in cultural relics in accordance with the rules.
Dawei told him the source of the stone carvings and the idea of using them to build ancestral tombs.
