The constitution of this crime.
(1) object element.
The object of this crime is the national cultural relics management system. The national cultural relics management system is mainly a series of cultural relics protection laws and regulations with the cultural relics protection law as the core. According to laws and regulations, all the cultural relics left by the people of China in the underground, inland waters and oceans belong to the state. Ancient cultural sites, ancient tombs and cave temples belong to the state. Cultural relics collected by state organs, armed forces, enterprises and institutions owned by the whole people belong to the state. Cultural relics can only be purchased by units designated by the administrative department for culture, and no other unit or individual may engage in the business of purchasing cultural relics. Those who resell cultural relics prohibited by the state for profit will inevitably affect the state's management of cultural relics, damage the reputation of China's cultural administrative departments, and disrupt the cultural relics market and the normal order of cultural relics acquisition. Therefore, this law stipulates that reselling cultural relics is a crime and should be punished.
The object of this crime is the cultural relics prohibited by the state. The so-called cultural relics prohibited by the state refer to cultural relics protected by the state and approved and published by the relevant competent departments of the state. 1992 National Cultural Heritage Administration and other departments issued the Notice on Strengthening the Management of Cultural Relics Market, which stipulated the specific scope of some cultural relics that are forbidden to be operated, referring to the first, second and third-class precious cultural relics that are not allowed to be operated without permission and other cultural relics with great historical, cultural and scientific value protected by the state.
(2) objective factors.
This crime is objectively manifested as the act of reselling cultural relics prohibited by the state. The so-called reselling refers to the act of buying and selling cultural relics prohibited by the state for profit. The object of reselling can only be cultural relics prohibited by the state. If the state does not prohibit the reselling of cultural relics, it does not constitute this crime, but it also needs to have serious elements. According to judicial practice, the so-called serious circumstances refer to the situation of reselling third-class cultural relics, making a large amount of illegal profits and operating illegally, or reselling cultural relics below third-class for many times or reselling many cultural relics below third-class. Selling second-class cultural relics, selling first-class cultural relics, illegally making huge profits, illegally operating, or selling rare national treasures is particularly serious.
(3) Main elements.
The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can become the subject of this crime. According to the second paragraph of this article, a unit can also be the subject of this crime.
(4) Subjective factors.
Subjectively, this crime is intentional, for the purpose of making profits. The actor's lack of intentional psychology does not constitute this crime, but it must have a profit-making purpose at the same time to constitute this crime. For those who really have neither profit-making purpose nor exercise purpose, but are purely for personal interests, they are not punished as crimes. In addition, buying and selling cultural relics that are not known to be prohibited from buying and selling does not constitute a crime.