Cultural Relics Of The State Ownership Problem Research

Cultural relics are the gifts of treasure in our history，the rich cultural relicresources show the wisdom and the unremitting pursuit of beauty of our ancestors.The long history of our country gives birth to the rich cultural relic resources, theseprecious resources led their later generations looking for their cultural roots. As aspecial significance in civil law, cultural relics have non-substitutable scientific andartistic value, therefore, legislators put it into a special protection environment whichis aiming to make it better protected. However, when we looking at the protection ofcultural relics in reality, it is easy to see that the purpose of legislators isn’t come true,a lot of cultural relics were damaged or lost overseas, cultural relics protection isfacing unprecedented predicament. The reason is that we don’t have a reasonablesystem of ownership. The subject and object in existing state ownership areconfusion, which couldn’t regulate the using methods or ownership of cultural relics.The theory influenced by politics makes heavy impact on our legal theory, and makesour theory deviated from the science orbit. The ownership of cultural relics is a part ofthe whole ownership system in civil law, applying to the traditional state ownershiptheory. This caused a series of serious problems, on hand, cultural relics suffered alot from lacking of owners and managers disorder, on the other hand, as the owner,all the people have no sense about their rights. They don’t know how to use it,andhave no method to protect the cultural relics from being destroyed. On that account, itis the time to make a change.This paper is based on the present situation of cultural relics protection, underthe background of station ownership system in civil law. I will analyze the traditionaltheory which divides the state ownership system into three groups, and raise doubtsabout that at the same time. Also I will analyze the public corporation theory basingon the situation of our country. The objective of this paper is putting our cultural relicsprotection into reasonable system, and create a orderly environment for culturalrelics.