The Protection System Of The Ownership Of The Private Cultural Relic

Cultural relic is historical cultural heritage in accordance with the Act ofpreservation of cultural relics, which is bequeathed by human historical activities, andhas some certain historical, artistic, scientific or technical value. The private culturalrelic is personal legal archeology collection. Because of which the private cultural relicinvolves in the civil rights of individual citizens and the legal system of the protectionand management of the cultural relic, the private cultural relic not only should apply thecivil law as ordinary object, but also suit the particular law---the Act of preservation ofcultural relics. Confronting the public law and the private law, the ownership of theprivate cultural relic is hard to avoid being violated when applying law. The ownershipof private cultural relic is that the owners can enjoy the rights of possess, use, benefitsand manage to the private cultural relic. But under the dual law difficulties, theownership which should be a complete right has become to be a limited right and isviolated everywhere. So, it is urgent to seek to a law to protect the private ownership.This article is divided into five parts.In the first component, we discuss the concepts of cultural relic, the private culturalrelic and the ownership of the private cultural relic, and prepare for what follows in thepassage.In the second part, it expounds mainly the acquiring system of the ownership of theprivate cultural relic, which is the beginning of the rights. At first, We divide the systeminto original acquistition and acquisition cession. Then, we will point out that our lawdoes not formulate original acquistition, and there are some shortages in acquisitioncession.In the third part, the register system of the ownership of the private cultural relicwill be discussed. In our opinion, we should build the structure log system for theunmoved antique, and build the register system for the antique from the private museum,but else.In the fourth section, we describe the gaps and shortcomings of the transfer system,and propose a reasonable and effective transfer system for the ownership of the privatecultural relic. Part V is the conclusion of this passenger, which surveys the construction, the content ofthe article, and methodology.