非法向外国人出售、赠送珍贵文物罪的完善

The Perfection of the Crime of Illegally Selling and Presenting Valuable Cultural Relies

1997年刑法设立的非法向外国人出售、赠送珍贵文物罪,在打击文物犯罪、防止文物流失境外方面发挥了积极作用。但是司法实践中该罪的犯罪对象、受赠人与买受人、刑罚三个方面不足与缺陷也逐渐显露,鉴于此,应当从以下三个方面予以完善:把犯罪对象扩大至国家禁止出口的文物,罪名修改为非法向外国人出售、赠送文物罪;将本罪中的国家禁止出口的文物的买受人、受赠人修改为"外国人或单位或中华人民共和国大陆境外的人或单位";提高该罪的法定刑。

The crimes of illegally selling and presenting valuable cultural relics to foreigners,which was established in 1997 according to the criminal law,play an active role at attacking cultural relics crimes and preventing their running off to foreign countries.But the imperfection and lack of the crimes in the law practices are gradually becoming apparent at the three aspects of criminals,donees and buyers,and punishments.According to this,we should make a perfection from the following three aspects： expanding criminals to the cultural relics forbidden to export by the country,charging the crimes as illegally selling and presenting cultural relics by the country can be changed as ＂foreigners,foreign units,the persons or units out of the mainland of the People＇s Republic of China;Improving the sentencing.＂