Imitating tomb robbing novels and digging up ancient tombs in your own courtyard are both crimes, and the two departments released typical cases

China News Service, Beijing, October 10 (Reporter Gao Meng) Cultural relics are precious cultural resources that are non-renewable and irreplaceable. At present, the security situation of cultural relics in our country is complex. Cultural relic crimes are becoming increasingly specialized, intelligent, and professional, and are gradually spreading to the Internet. Major cultural relic crime cases occur from time to time.

On October 10, the Supreme People's Court and the State Administration of Cultural Heritage jointly released a number of typical cases of punishing cultural relics crimes in accordance with the law, aiming to combat and effectively prevent cultural relics crimes in accordance with the law, give full play to the normative and leading role of judicial adjudication, and establish a clear value orientation.

Learn tomb robbing by imitating tomb robbing novels

The defendant was sentenced to 12 years in prison

In a typical case, the defendant Yu Moucai was obsessed with tomb robbing novels, taught himself tomb robbing techniques, and purchased tomb robbing tools. In 2023, he went to a village in Xinglong Town and Wudian Town, Zaoyang City, Hubei Province, to search and determine the location of ancient tombs alone or with others, and jointly excavated and stolen 23 cultural relics including bronze Ges with inscriptions, jade ornaments, copper pots, and bronze tripods.

After identification, the two stolen tombs were ancient tombs from the Eastern Zhou Dynasty. They were located within the protection scope of the Guojiamiao Tombs Group, a cultural relic protection unit in Hubei Province, and had important historical, artistic and scientific value. The 23 stolen cultural relics were all cultural relics from the Spring and Autumn Period, including 22 cultural relics of Grade III or above. In March 2026, the court sentenced the defendant Yu Moucai to 12 years in prison and a fine for the crime of robbing ancient tombs.

The Supreme People's Court and the State Administration of Cultural Heritage stated that this case serves as a warning to the general public that the legal bottom line of cultural relics protection cannot be touched. They must have a correct understanding of literary works on tomb robbing and cannot use them as "textbooks" for committing crimes, otherwise they will be severely punished by law.

Discovered and robbed an ancient tomb in his own yard

Pursuing criminal liability in accordance with the law

Can I dig up an ancient tomb if I find it in my yard? A typical case shows that the defendant Shi Mouxing lived within the protection scope of the Fenghao site in Xi'an, a national key cultural relic protection unit. In July 2014, Shi Mouxing and his brother Zhao Moshe (handled in a separate case) discovered an ancient tomb while clearing the roots of persimmon trees in their yard. They then excavated and stole 8 bronzes, including a bronze tripod, a bronze jue, and a bronze goblet, and wanted to resell them. After identification, the stolen bronzes were all cultural relics of level three or above; the stolen tombs were late Shang and early Zhou tombs located in the Fenghao Site Protection Area. The unearthed bronzes are of extremely high historical, scientific, and artistic value.

The Supreme People's Court and the State Administration of Cultural Heritage stated that although the stolen ancient tomb was located within the scope of Shi Mouxing's homestead, it did not change the nature of the ancient tomb as belonging to the state according to law. As a villager who has lived within the protected area for many years, Shi Mouxing knew that the state prohibited the excavation of ancient tombs and that the tombs he discovered were ancient tombs in key cultural relics protection units nationwide. He still continued to excavate for profit by reselling them, and finally stole 8 precious cultural relics. The circumstances were serious. The court finally ruled that the defendant Shi Mouxing was guilty of robbing ancient tombs and was sentenced to 15 years in prison and fined.

Don’t report found cultural relics and sell them privately

or constitute the crime of reselling cultural relics

Another typical case will also help the public clarify the boundaries of cultural relic crimes and improve risk prevention awareness. In 2011, the defendant Tang Mousheng picked up a copper chime while carrying out sand fishing operations in a river in Liucheng County, Guangxi, and later took the chime home and hid it. In March 2013, Tang Mousheng sold the chime bell for 300,000 yuan. In June 2022, the public security organs seized the bronze chimes involved in the case from elsewhere in accordance with the law. After identification, the chime involved in the case is a bronze Yong bell with a cicada pattern in the Spring and Autumn Period, which is a Class II cultural relic. In 2023, the court ruled that the defendant Tang Mousheng was guilty of reselling cultural relics and was sentenced to five years in prison and fined; Tang Mousheng's illegal gains of 300,000 yuan were recovered in accordance with the law and turned over to the state treasury.

The Supreme People's Court and the State Administration of Cultural Heritage stated that all cultural relics remaining underground, in internal waters and territorial waters within my country belong to the state. During engineering construction, agricultural production and other activities, if any unit or individual discovers cultural relics or suspected cultural relics, the site must be protected and reported immediately to the local cultural relics administrative department. The ownership of state-owned cultural relics is protected by law and cannot be infringed. Anyone who conceals or refuses to report state-owned cultural relics or refuses to hand them over will face administrative penalties. Those who engage in looting, embezzlement, reselling, etc. may constitute a crime and be held criminally responsible. (over)