The criminal composition of this crime.
(1) Object requirements.
The object of this crime is the national cultural relics management order, and the objects of this crime are precious cultural relics protected by the state and cultural relics that have been identified as national review cultural relics protection units and provincial cultural relics protection units. The so-called precious cultural relics protected by the state refer to cultural relics with great historical, scientific and artistic value. According to Article 2 of the Cultural Relics Protection Law (November 19, 1982) and its implementation rules, precious cultural relics include monuments, works of art, arts and crafts, and revolutionary historical documents with great historical, scientific, and artistic value. Precious cultural relics such as documents, manuscripts, old books and materials, and representative objects are divided into grades one, two, and three. Whether they are precious cultural relics shall be identified and confirmed by relevant departments in accordance with the law. In addition, ancient vertebrate fossils and ancient human fossils with scientific value are protected by the state like cultural relics. The so-called cultural relics of national key cultural relics protection units and provincial cultural relics protection units refer to revolutionary sites and memorial buildings that are approved and announced by the State Council, the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government based on the historical, artistic, and scientific value of the cultural relics and given key protection. , ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings and other cultural relics. The so-called national key cultural relics protection units refer to the units selected by the national administrative departments among the cultural relics protection units at all levels with great historical, artistic, and scientific value and reported to the State Council for approval and announcement, as well as the national cultural administrative departments at all levels of cultural relics protection units. Among the units, those units are directly designated and reported to the State Council for approval and announcement; the so-called provincial cultural protection units refer to the cultural relic units that are approved by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government and reported to the State Council for filing.
(2) Objective requirements.
The objective aspect of this crime is the act of intentionally damaging precious cultural relics protected by the state or cultural relics designated as national key cultural relics protection units or provincial cultural relics protection units. The so-called damage refers to the partial damage or complete destruction of precious cultural relics or cultural relics that have been designated as national key cultural relics protection units or provincial cultural relics protection. The situation of damaging cultural relics is relatively complex, and the consequences vary, and the degree of damage can range from mild to severe. , social impacts are also different. When handling, specific analysis must be made and the boundaries between illegality and crime must be carefully distinguished. It should be identified whether the damaged parts are its main and key parts, the degree of damage to its appearance, etc., and comprehensive considerations should be made from various factors such as economic value, social impact, and harmful consequences. If some damage is very light, has little impact, or is easily repaired after being damaged, and the circumstances are obviously minor, it may not be considered a crime. However, intentional punishment may be imposed in accordance with Article 25, Item 3 of the “Public Security Administration Punishment Regulations” Those who deface state-protected cultural relics, scenic spots and historic sites, or damage public sculptures that are not criminally punishable will be fined not more than 200 yuan or given a warning.
This crime is an action crime. As long as intentional damage is carried out, this crime will be constituted.
(3) Main requirements.
The subject of this crime is a general subject, that is, any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible can become the subject of this crime.
(4) Subjective requirements.
The subjective aspect of this crime can only be intentional, that is, knowingly damaging cultural relics intentionally. As for the motivations of the perpetrators for committing acts of damage, they may be different. The motivation does not affect the constitution of this crime. However, if the perpetrator does not know that it is a cultural relic and damages it, or although he knows it, but destroys it due to negligence, it does not constitute this crime. The so-called serious circumstances generally refer to: those who have repeatedly damaged and refused to change despite repeated admonitions; those who have damaged national treasure-level cultural relics; those who have damaged a large number of precious cultural relics or caused serious damage to cultural relics in key national cultural relics protection units; those who have extremely bad motives for destroying cultural relics, etc.