Case Concerning Intentionally Destroying Cultural Relics of Zhang X Fang and Li X Xiang
(SPP Guiding Case No. 232)
Key words
Crime of intentionally destroying cultural relics; Scribbling on stone inscriptions; Criminal prosecution; Ancillary civil public interest litigation
Summary
Scribbling on stone inscriptions or other components of nationally or provincially protected cultural relics, even if such acts do not cause severe damage or destruction to individual relics, may significantly alter the appearance of the relics, affect the overall historical landscape of the cultural relics protection entity, and undermine their historical, artistic, or scientific value. Such conduct constitutes intentional destruction of cultural relics as prescribed by the Criminal Law. While pursuing the offenders' criminal liability in accordance with the law, the people's procuratorates may initiate ancillary civil public interest litigation to hold the offenders civilly liable.
Relevant provisions
Article 324 of the Criminal Law of the People's Republic of China (Rev. 2020)
Article 1229 of the Civil Code of the People's Republic of China (effective since 2021)
Article 23 of the Law of the People's Republic of China on Cultural Relics Protection (Rev. 2017) (now Article 34 in Rev. 2024)
Articles 2 and 64 of the Environmental Protection Law of the People's Republic of China (Rev. 2014)
Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases concerning Hampering the Administration of Cultural Relics (effective since 2016)
