When to leave the graffiti on cultural relics and historic sites
Experts suggest revising the Law on Public Security Management Penalties to clarify the punitive compensation system
□ Our reporter Pu Xiaolei
The Danxia landform, which is difficult to recover 600 years after the damage, has been engraved again.
Recently, outside the core scenic area of Longzhou Danxia Landform at Jingbian, Yulin, Shaanxi Province was destroyed by people. A couple carved their names and heart-shaped symbols on the rocks. The time for the lettering and signing is August 21.
In this regard, the scenic area management department and the scenic area police office have been involved in the investigation, and the police have summoned the parties and conducted interviews.
The video taken by netizens shows that in addition to the newly engraved words and symbols, there are also many "old wounds" inscribed in the attraction.
From the Badaling Great Wall to Dunhuang murals, from Hangzhou West Lake to Sichuan's Emei Mountain... A large number of cultural relics and historical sites in my country have been damaged by tourists using lettering, graffiti, trampling, etc.
Moreover, such behavior has been going on for many years and has been repeatedly banned.
"At present, penalties for activities that damage cultural relics and historical sites such as lettering, graffiti, trampling, etc., are mainly based on the provisions of Article 63 of the Public Security Administration Punishment Law, but the maximum fine is 500 yuan, and the degree of damage to the cultural relics and restoration Compared with the cost, the difference is too much. It is recommended that in addition to fines, a punitive compensation system should be introduced to allow the damaged person to bear the repair costs, so as to increase the cost of illegality and legal deterrence." Sun Yuhua, an associate professor at East China University of Political Science and Law, accepted a reporter from the Rule of Law Daily Said in the interview.
Li Xiuxiang, deputy to the National People’s Congress and director of the Trade and Environment Research Center of Jiangxi University of Finance and Economics, believes that according to the legislative concept of the Civil Code on the punitive damages system, scenic spots have the right to file a lawsuit for punitive damages to cultural relics and historical sites. Compensation.
Damaged cultural relics will be difficult to restore to their original appearance
The Great Wall, as one of the first batch of world cultural heritage recognized by UNESCO, has attracted much attention.
Just this year, the news engraved on the wall of the Great Wall has appeared in the hot news twice.
On March 24, on the first day of the reopening of the Badaling Great Wall scenic spot, tourists took the key to engrave on the wall of the Great Wall and took the video to upload to the Internet.
It is understood that the engraving tourists are minors, and the staff educates them afterwards.
On April 6th, at the second half of the South Second Floor of the Badaling Great Wall, a man engraved on a brick wall while another man looked out for cover. The patrolling staff found and stopped him.
After the incident, the public security organ imposed a penalty of administrative detention for 5 days and a fine of 200 yuan on the offender Li in accordance with Article 63 of the Public Security Administration Punishment Law.
After years of carving, the Great Wall has become "scarred", and such encounters are just a microcosm of the destruction of cultural relics and historical sites in my country.
Many cultural relics and historical sites such as the Forbidden City, Temple of Heaven, Danxia Landform, Dunhuang Murals, etc. have not escaped the bad luck of being named by uncivilized tourists.
After the tourists have been carved, the damaged cultural relics and historical sites have left scars that are difficult to heal.
An expert from the Beijing Municipal Bureau of Cultural Relics, who did not want to be named, told reporters that whether it is cultural relics or historical sites, natural or cultural landscapes, the damage suffered is irreversible, and it is basically difficult to fully recover.
"Take the Great Wall as an example. No matter what technology or cost we use to repair, it is difficult to be exactly the same as the original appearance of the bricks of the city wall. There will always be traces and flaws. This is especially true for natural landscapes, as the Danxia landform staff said. It is said that after the destruction of the Danxia landform, it will be difficult to restore its original appearance in another 600 years. Because the formation of a landscape usually takes hundreds of thousands of years or even longer, once it is damaged, it is difficult to restore its original appearance by manpower. "The expert said.
Increase the cost of illegality with punitive damages
Article 63 of the Law on Public Security Administration Punishments stipulates that if there is an act of scribing, smearing or otherwise deliberately damaging cultural relics, historical sites protected by the state, a warning or a fine of less than two hundred yuan shall be imposed; if the circumstances are more serious, five Detained for more than 10 days and less than 10 days, and be fined not less than 200 yuan but not more than 500 yuan.
After reviewing relevant news reports in recent years, Sun Yuhua found that after the incident, the heaviest punishment was "administrative detention for five days and fines." However, such punishments are rare after all. Usually they are based on criticism, education, Fines are the main thing. In fact, in most cases, it is because there are no tourists.
"Cultural relics and historical sites that carry important cultural or natural values are unique, non-renewable, and difficult to repair. Once damaged, it will be repaired at a high price, and it cannot be repaired as before." Sun Yuhua said.
Li Xiuxiang said that repairing severely damaged cultural relics, historical sites, and historical sites requires expensive manpower, material resources, and financial resources. Punitive damages are designed to impose heavier sanctions on subjective and malicious infringements that cause serious consequences, which can solve the problem of high repair costs. , It can also make the law more deterrent, thereby better protecting cultural relics and historical sites.
It is worth noting that there are already cases where offenders bear the cost of repairing natural landscapes.
At 4 o'clock in the morning on April 15, 2017, Zhang Yongming, Zhang Lu, and Mao Weiming used electric drills, hangers, ropes and other tools to climb to the iconic landscape of Sanqingshan, a world natural heritage site, knowing that climbing is strictly prohibited in the scenic area. The top of the Mangfeng rock column.
During the climbing process, they used a hammer to drive 26 expansion bolts into the stone body, causing serious irreparable damage to the giant python peak.
In the end, 2 of them were sentenced and fined; 3 of them jointly compensated 6 million yuan for environmental resource losses.
Sun Yuhua suggested that considering the high cost of restoration of cultural relics and historical sites, it is recommended that punitive damages should be made when the law on public security management penalties be amended to increase the legal responsibility of malicious offenders and increase the deterrence of the law to reduce similar The occurrence of the incident is not only a need to protect cultural relics, historical sites, but also a need to better implement the Convention on the Protection of World Cultural and Natural Heritage.
You can take photos of damaged cultural relics
It is worth noting that for the smooth implementation of punitive damages, a difficult problem must be solved first-the difficulty of finding damage.
The reporter recently discovered when they were on the Badaling Great Wall in Beijing that there were many staff on the wall responsible for maintaining order.
However, compared with the number of tourists, such a staffing arrangement is not enough to spot lettering, graffiti, etc. in the first place.
"At present, in order to deal with such behaviors as lettering and graffiti, we mainly rely on increasing patrols to solve the problem, which has indeed achieved a certain effect. Of course, there will inevitably be missed situations. Especially when the flow of people is large, more His energy is placed on order maintenance and safety management. It is difficult to find behaviors that can be engraved in a short time." A staff member told reporters.
In fact, the difficulty of finding and obtaining evidence has always been the difficulty in the management of the damage to the historical sites.
In this regard, Professor Qiao Xinsheng of Zhongnan University of Economics and Law believes that we can learn from the practice of "traffic violations", set corresponding reporting rules, give citizens the right to report, and use the public's power to supervise the damage to cultural relics, historical sites .
Article 23 of the "Decision of the Ministry of Public Security on Amending the "Provisions on the Procedures for Handling Illegal Acts on Road Traffic Safety" stipulates that after verification, the illegal act photos or videos provided by the unit or individual can be used as evidence of punishment.
"According to the above-mentioned regulations, the personal information that has been'taken away' by the police can be used as a basis for punishment after being reviewed by the police. Pilot projects in some places have also proved the feasibility of this approach. The protection of cultural relics and historical sites can also learn from this This is to solve the problems of difficult discovery and difficult supervision." Qiao Xinsheng said.