On the issue of the excavation of ancient tombs in rural areas, what responsibilities should be assu

General words. Look at whether the peasant knows or not, and not knowing is negligent, and knowing, it is intentional. if it is serious, it constitutes the crime of stealing and excavating ancient tombs.

And the law, the people can't dig up the land indiscriminately, right?

Criminal responsibility for the crime of robbery and excavation of ancient tombs is as follows: where the perpetrator constitutes the crime and has statutory aggravating circumstances, he shall 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; 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; For ordinary criminal circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given.

[Legal basis].

Article 23 of the Criminal Law of the People's Republic of China has already begun to commit a crime, and it is an attempt to commit a crime if it is not succeeded due to reasons other than the will of the criminal. For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses. Article 328 Paragraph 1 Whoever excavates ancient cultural sites or ancient 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 ten years and a concurrent fine; 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 indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

The crime of illegal excavation of ancient tombs shall be punished by fixed-term imprisonment of 3-10 years, and if the circumstances are relatively minor, the sentence may be fixed-term imprisonment of not more than 3 years, but if the crime of stealing and excavating national key cultural relics is punishable by fixed-term imprisonment of not less than 10 years, and the maximum sentence may be life imprisonment, the specific circumstances may be based on actual conditions.

Legal basis] Article 328 of the Criminal Law, whoever 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 indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

1) Illegal excavation of ancient cultural sites or ancient tombs that have been determined to be sliding through national key cultural relics protection units or provincial-level cultural relics protection units; (2) Ringleaders of groups that steal and excavate ancient cultural sites or ancient tombs; The letter is empty.

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.

Illegal excavation of ancient human fossils and ancient vertebrate fossils of scientific value under state protection shall be punished in accordance with the provisions of the preceding paragraph.

Crime of stealing and excavating ancient cultural sites and ancient tombs:

1. Concept The crime of illegal excavation of ancient cultural sites and ancient tombs (paragraph 1 of Article 328 of the Criminal Law) refers to the act of stealing and excavating ancient cultural sites and tombs with historical, artistic, cultural and scientific value, as well as ancient human fossils and ancient vertebrate fossils with scientific value. II. Composition of the Crime (1) Elements of the Object The object of the violation of this crime is the state's management system for ancient cultural sites and 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 ancient 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. According to the provisions of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Cases of Theft, Illegal Excavation, Illegal Business and Smuggling of Cultural Relics issued by the Supreme People's Court and the Supreme People's Procuratorate on November 27, 1987, the so-called "ancient cultural sites and ancient tombs" specifically refer to ancient cultural sites and ancient tombs with historical, artistic and scientific value in the Qing Dynasty and before the Qing Dynasty, as well as the burial sites and memorial sites of celebrities related to famous historical events after the Xinhai Revolution. 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. If the act does not infringe on the above-mentioned ancient cultural sites or tombs, but other relevant cultural relics, it does not constitute this crime.

2) Serious damage caused by the objective element burial, but there are also some acts that do not cause serious damage to ancient cultural sites and ancient tombs, which cannot be considered as not constituting a crime or only constituting a preparation for a crime or an attempt to commit a crime. (3) Subject Elements The subject of this crime is a general subject. We believe that, in light of other legal provisions on crimes committed by units, if this crime is committed under the organization and planning in the name of the unit, the person in charge of the unit and other persons directly responsible may be pursued for criminal responsibility, but it is not appropriate to directly pursue the criminal responsibility of the unit.

4) Subjective Elements This crime is manifested as intentional in the subjective aspect, and generally has the purpose of illegally occupying ancient cultural sites and ancient tombs and Chinese objects. Whether or not this crime can be destroyed by an indirect tomb generally does not constitute a crime, and if the circumstances are serious, it may be punished as the crime of dereliction of duty or other crimes.

Whoever excavates ancient cultural sites or ancient 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 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) Stealing and excavating 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] Those who steal and excavate ancient human fossils and ancient vertebrate fossils of scientific value under state protection are to be punished in accordance with the provisions of the preceding paragraph.

[Legal basis].Article 328 of the Criminal Law of the People's Republic of China.

Legal Analysis: The responsibilities that constitute the crime of theft and excavation of ancient tombs will be investigated are: for ordinary criminal circumstances, a sentence of fixed-term imprisonment of not less than three years but not more than ten years and a fine; 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; Where there is any of the circumstances that are legally permissible, 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.

Legal basis: Article 328 of the Criminal Law of the People's Republic of China.

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 indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.