关于文物犯罪几个问题的思考

Some Issues on Crimes of Disrupting Administration of Cultural Relics

我国《文物保护法》及文博学界将文物视为人类制造物或者与人类活动有关的遗物遗迹。这种界定的不足在于它同刑法的规定不甚协调。走私文物罪的对象应包括古人类化石和古脊椎动物化石,倒卖文物罪的对象不限于珍贵文物,盗掘古文化遗址、古墓葬是单一的行为。在涉嫌文物犯罪中,被委派作鉴定的专家应来自与文物行政部门无隶属关系的高等院校或研究机构。

The Law of the People's Republic of China on the Protection of Cultural Relics defines cultural relics as human artifacts or historical sites and material objects related to human life. However, such a definition is not so consistent with the Criminal Law. Crimes of smuggling cultural relics should cover the smuggling of ancient human fossils, ancient vertebrate animal fossils, and illegal selling of cultural relics should not only refer to those precious ones. Also, excavating sites of ancient culture or ancient tombs without permission is only part of the acts. As far as such crimes are concerned, the experts who are asked to do the identification or appraisal work should come from the research institutes or universities which have no administrative relationship with the relic administration departments.