The Museum's National Ownership Problem Research

The title of this article is that a research on what the problem is about themuseum and the national ownership. Currently the development of Chinese museumis facing so many different kinds of problems, mainly about the legal construction ofmuseum is much slower than many other countries, the legal status of museum is notyet built. And also it has the problem of the unskilled conductive members and thelack of funds. The fundamental reason of these problems is that the legal status ofmuseum is not confirmed in reality, and it brings out a series of legal problemsincluding the mixture relationship between the museum and the country, theconfusion of the limits on museum’s corporate ownership and the confusion of thecollection’s ownership.Though the resent researches on the problem about museums, author thinks thatthey are almost from the sight of the museology not the sight of legal person,otherwise analyzing the ownership of the museum. In china, the study of nationalownership are numerous, but rarely focusing on the analysis of the ownership ofmuseums. Furthermore our current legislation on museum has many shortcomings,including some laws are out of time and some laws are is lack of legal effect. Authorhopes to give some advises to the upcoming museum code though the study of thisarticle.The whole article is focused on discussing the museum’s legal status, answeringthe question whether it is the object of national ownership or a independent civilbody. Furthermore author will also discuss the scope of museum’s corporateownership after confirmation the independent legal status of the museum. The wholearticle can be divided in four parts. In Part One, author will introduce the basicsituation about the development of Chinese museum and the practical and theoreticalsignificance of the study. In Part Two, author will analyze the different museum’legal system, mainly discussing Japan，England， and the USA. In Part Threewhich is also the most important part, author will study two problem, one is the legalstatus of museum another is the scope of museum’ corporate ownership. In this part,author wants to clear the relationship among the country the museum and thecollection though the analysis from should be natural and the real. In Part Four,author will give some advises to the museum’s law making. Four principles shouldbe set including the confirmation of the museum’s corporate ownership and thedivide the collection in two parts, one is the historical relic parts another non-historical relic parts. Author also thinks that the protection the museum’s corporateownership in practice is so necessary.