Is it illegal to dig up ancient tombs, is it illegal to dig up the ancient tombs of your own home

It is illegal to excavate ancient tombs. According to the provisions, those who commit the crime of robbing tombs shall be sentenced to three years imprisonment, because it has been clearly stipulated that there is the crime of robbing and excavating ancient tombs, and if this is the crime, if the circumstances are not particularly serious, it is a provision that there is no upper limit for three years imprisonment, and if it is very serious, it is the death penalty, and the corresponding punishment is different. Where the crime of theft and excavation of ancient cultural sites or ancient tombs is committed and the circumstances are relatively minor, it is the cause of punishment for the crime of theft and excavation of ancient cultural sites or ancient tombs.

The circumstances here are relatively minor, which refers to the theft and excavation of ancient cultural sites and ancient tombs, where the damage to cultural relics is relatively small, and there are no damage to cultural relics, or there are other relatively minor circumstances. The constitutive elements of the crime of stealing and excavating ancient cultural sites and ancient tombs are as follows:

1. Crime: The act of stealing and excavating ancient cultural sites and ancient tombs is the illegal excavation of ancient cultural sites and ancient tombs with historical, artistic, and scientific value. Illegal excavation here refers to unauthorized excavation without the approval of the national cultural authority.

The object of the crime of stealing and excavating ancient cultural sites and ancient tombs is ancient cultural sites and ancient tombs with historical, artistic, and scientific value. The ancient cultural sites here refer to the grottoes, underground cities, and ancient buildings created and left by ancient humans in the historical development of the Chinese nation in the Qing Dynasty and before the Qing Dynasty, indicating their cultural development level. Ancient tombs refer to the tombs and related facilities built and left in the history of the Chinese nation in the Qing Dynasty and before the Qing Dynasty.

2. Culpability: The form of responsibility for the crime of stealing and excavating ancient cultural sites and ancient tombs is intentional. The intention here is to indicate the subjective state of mind of carrying out illegal excavation knowing that it is an ancient cultural site or ancient tomb.

Legal basisArticle 328 of the Criminal Law of the People's Republic of China.

Crime of Stealing and Excavating Ancient Cultural Sites or Ancient Tombs] Whoever illegally excavates ancient cultural sites or ancient tombs with historical, artistic, or scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; where the circumstances are more minor, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine; In any of the following circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given:

1) Illegally excavating ancient cultural sites or tombs that have been designated as national key cultural relics protection units or provincial-level cultural relics protection units;

2) The ringleaders of groups that steal and excavate ancient cultural sites and ancient tombs;

3) Repeatedly excavating ancient cultural sites or tombs;

4) Stealing and excavating ancient cultural sites or tombs, stealing precious cultural relics, or causing serious damage to precious cultural relics.

Crime of Stealing and Excavating Ancient Human Fossils and Ancient Vertebrate Fossils] Whoever excavates ancient human fossils or ancient vertebrate fossils of scientific value under state protection shall be punished in accordance with the provisions of the preceding paragraph.

Illegal excavation of ancient tombs is suspected of the crime of illegal excavation of ancient tombs. Our country is rich in cultural relics, a considerable part of which are recognized as treasures by the whole world. The act of stealing and excavating ancient cultural sites and tombs not only causes a serious loss of cultural relics, but also causes many cultural relics to lose their historical, artistic, and scientific value due to the loss of protection, and some even cause direct destruction of cultural relics, so this kind of behavior has serious social harm.

Among them, the ancient cultural sites include grottoes, dungeons, ancient buildings, etc., and the ancient tombs include the emperor's mausoleum, the tomb of revolutionary martyrs, etc.

The crime of excavating ancient tombs will be prosecuted for the following criminal liabilities:

1. may be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;

2. Whoever excavates an ancient tomb and causes serious losses or other statutory circumstances may be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated.

According to Article 328 of the Criminal Law, whoever excavates ancient cultural sites or tombs with historical, artistic, or scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; where the circumstances are more minor, the sentence is up to three years imprisonment, short-term detention, or a person under controlled release, and a concurrent fine.

Article 328 of the Criminal Law: Whoever completes the theft and excavation of ancient cultural sites or tombs with historical, artistic, or scientific value is to be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined; where the circumstances are more minor, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and the difference is to be returned and fined; In any of the following circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given: (1) Illegally excavating ancient cultural sites or tombs that have been designated as national key cultural relics protection units or provincial-level cultural relics protection units; 2) The ringleaders of groups that steal and excavate ancient cultural sites and ancient tombs; 3) Repeatedly excavating ancient cultural sites or tombs; 4) Stealing and excavating ancient cultural sites or tombs, stealing precious cultural relics, or causing serious damage to precious cultural relics.