论非法向外国人出售赠送珍贵文物罪

On the Crime of Unlawful Sale or Donation of Precious Historical Relics to Foreigners

全面审视非法向外国人出售、赠送珍贵文物罪的犯罪构成和刑法适用等,并对境内外的相关立法情况进行宏观上的比较,发现我国在这方面的相关法律尚有不完善之处,有待修改。为了最大限度地防止我国文物外流,应对本罪的犯罪对象作精确界定,对本罪中买受人和受赠人的范围应作适当扩展,并更加重视财产刑的运用。

This paper, concentrating on the constitution of a crime and penalty application, is intended as a comprehensive and careful discussion to the crime of sale or donation of precious historical relics to foreigners on the basis of a macro and comparative study of legislation involved in both China and foreign countries, In order to effectively stop the outflow of cultural objects, it is of great importance for our criminal code to give a more accurate definition to the target of the crime, to expand the scope of the donor and donee, and to devote much attention to the application of property related penalty.