更新时间:2024-09-07
天一阁“藏书劫”中的刑法问题
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Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第2期  
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AI 摘要

Tianyi Pavilion is a private library built during the Jiajing period of the Ming Dynasty. After more than 450 years, the collection of books has decreased from over 70000 volumes to over 13000 volumes, which is related to multiple "book robberies". From the perspective of modern criminal law, these events may constitute criminal cases. The Ming and Qing dynasties led to the loss of about 20% of the book collection. Although it is difficult to hold accountable, current laws allow for the filing of cases. The person in charge of Tianyi Pavilion can report the case through various means, and the public security organs will conduct an investigation. In the second "book robbery", Fan Maozhu presented his collection of books to the Qing government, but most of them were not returned, suspected of embezzlement. In the mid-19th century, the British and Taiping armies respectively plundered and destroyed books, which may constitute robbery, theft, and intentional destruction of property. In 1914, Feng and others stole a thousand books, constituting a joint crime of theft. The collection of books in Tianyi Pavilion decreased to one-fifth, making it difficult for private management to continue. After the founding of New China, it was converted into a public collection. The government has allocated funds multiple times for repairs, established a protection department, invited experts for guidance, and increased the collection of books to nearly 300000 volumes. The modern criminal law system and litigation procedures help to timely punish crimes and recover books. The development of information technology can backup precious information and reduce losses. Crime cannot be completely eradicated, which puts higher demands on criminal law theory and practice. Mastering criminal law and effectively resisting harmful social behaviors is the responsibility of young students.

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