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当前我国文物保护形势严峻,盗掘古文化遗址古墓葬犯罪日益猖獗。充分发挥国家司法机关的司法职能,加大司法惩处力度,有力地打击文物犯罪刻不容缓。但通过对大量盗掘古文化遗址、古墓葬犯罪案件的实证分析,我们发现人民法院对相关案件的量刑存在严重的失衡现象,主要体现在:“同案不同判”现象严重、犯罪预备的量刑高于犯罪既遂、缓刑适用标准不统一、量刑情节的适用轻重失衡四个方面。不仅违背了我国刑法中“罪刑相适应”的基本原则,而且严重影响了司法权威的确立和法的公平正义的实现。
At present, the situation of cultural relics protection in our country is grim, and the crime of digging ancient tombs of ancient cultural sites is increasingly rampant. Give full play to the judicial functions of national judicial organs, increase the intensity of judicial punishment, and effectively crack down on crimes of cultural relics without delay. However, through the empirical analysis of a large number of criminal cases of ancient cultural sites and ancient graves, we find that there is a serious imbalance in the sentencing of the relevant cases by the people’s court, which is mainly manifested in the following situations: serious phenomenon of “same sentence with different claimants” and crime preparatory Sentencing higher than the crime was completed, the probationary application of the standard is not uniform, the circumstances of the sentencing of the severity of the four aspects of imbalance. It not only violates the basic principle of “Adaptation of crime and punishment ” in our criminal law, but also seriously affects the establishment of judicial authority and the realization of justice and fairness of law.