毁损类文物犯罪的成因与立法完善

Cause and Legislative Improvement of Crime of Damaging Cultural Relics

依照我国现行刑法规定,毁损类文物犯罪不是一个具体的个罪,而是类罪。它主要包括故意损毁文物罪、故意损毁名胜古迹罪、过失损毁文物罪、失职造成珍贵文物损毁、流失罪4个罪名。受经济利益驱使、人们文物保护意识淡薄、规制文物违法犯罪行为法律不健全等因素的影响,毁损类文物犯罪日益上升,给我国的文物安全保护带来了巨大威胁。立法的完善是有效防控犯罪的途径之一,针对我国毁损类文物犯罪的立法现状特点,应以宽严相济刑事政策为主旨,扩大刑法的入罪法网,合理设计量刑制度。

In accordance with the provisions of the Criminal Law of China, crime of damaging cultural relics is not a specific crime, but a type of crime. It mainly includes crime of damaging cultural relics intentionally, crime of damaging scenic spots and historical sites intentionally, crime of precious cultural relics damage and loss due to dereliction of duty. Driven by economic interests, poor conservation awareness among the society and incomplete legal system for regulating cultural relics - related illegal and criminal behaviors, crime cases of damaging cultural relics are on the rise, which poses a big threat to the safety of China＇ s cultural relic＇ s protection. Legislation is one of the effective ways cultural relics in China, measurement of penalty, to solve the problem. According to current situation of legislation of crime of damaging we should expand incriminating types in criminal law; design a better system for the taking the combination of punishment with leniency as a tenet.