[Commentary] Recently, a video of a celebrity blogger stepping into the Longzhou Danxia Scenic Spot in Jingbian, Shaanxi, illegally circulated on the Internet. Subsequently, the local public relations agency responded that it had imposed administrative detentions, criticized education, and public apologies on relevant persons. In recent years, driving into the Forbidden City, lettering on the Great Wall, breaking the millennium stalactites and other phenomena that have damaged scenic spots and historic sites and damaged natural cultural heritage have occurred from time to time. Some scholars said that the phenomenon of tourists destroying historic sites and natural heritages has repeatedly been forbidden, which is caused by various reasons.
【Concurrent period】Shang Heng, associate researcher of Beijing Institute of Cultural Relics
The first reason is that the tourists themselves do not feel that this is a bad thing or an illegal thing, and it is related to his own cognition of these things. The second is that he may have such a psychology of conformity. I saw many people writing on the Great Wall or elsewhere. Since everyone writes and no one cares, I can write. The third is about these related protective laws. Its enforcement is not strong enough, and the punishment is not strong enough, which will cause everyone to think that this matter will not be punished. Low is not enough to form a shock.
[Explanation] Some legal practitioners have stated that many of the current legal provisions have express penalties for acts that destroy natural cultural heritage.
[Telephone Interview] Li Na, Partner Lawyer of Beijing Yingke Law Firm
According to the "Regulations on Scenic Spots", individuals who engage in activities that destroy landscapes, vegetation, or landforms within the scenic spots shall be ordered by the scenic spot management agency to "stop the illegal acts, restore the original conditions within a specified period of time, or take other remedial measures." A fine of more than 10,000 yuan above." If the perpetrator damages the state-protected cultural relics or places of interest seriously or has bad means, he may violate the criminal law. Article 324 of China's Criminal Law stipulates that those who deliberately damage state-protected precious cultural relics or are identified as national key cultural relics protection units and provincial cultural relics protection units shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall also be imposed with a single fine; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine.
【Explanation】In recent years, with the development of social media, some Internet celebrities have spread content that destroys cultural monuments and natural landscapes on various platforms, causing adverse effects. Li Na said that such behavior may increase the punishment.
[Telephone Interview] Li Na, Partner Lawyer of Beijing Yingke Law Firm
In the crime of deliberately damaging places of historic interest and historic interest, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or detention, and shall be imposed with a single fine. Among them, "serious plots" generally refer to plots that have damaged scenic spots and historic sites; damaged multiple scenic spots and historic sites; damaged important scenic spots and historic sites; and damaged scenic spots and historic sites causing serious adverse social impacts. If the perpetrator is an online celebrity and has a large number of fans, spreading illegal and criminal acts through his own social media may be regarded as causing serious adverse social impact, which can be regarded as aggravating the plot.
[Explanation] Li Na believes that perfect legislation and strict enforcement are the best way to prevent uncivilized behavior. In addition, the real-name system for purchasing tickets and establishing a blacklist of scenic spots can also effectively reduce the occurrence of such phenomena.
[Telephone Interview] Li Na, Partner Lawyer of Beijing Yingke Law Firm
It is necessary to increase the illegal cost of uncivilized behavior and deal with it according to law. It is a good way to implement a real-name tourist ticket purchase system and establish a blacklist system for uncivilized behavior. Public security, scenic spot management departments and tourism management departments can take measures to prevent the destruction from happening again to the greatest extent.
Reporter Fan Siyi reports from Beijing
Editor in charge: [Liu Xian]