A Research Of The System On The State’s Priority In Purchasing The Valuable Cultural Relics

The state’s priority in purchasing cultural relics is not our original creation.In Egypt, Japan, Greece, Italy, Spain, France and other countries, it is providedin the law, although their provisions and practice are not the same. In order toleaving the valuable cultural relics in rather than flowing out, legislatorsestablish the system in the legislation. However, it was never carried out before.It was substituted by other ways such as consultation or directional auctionbefore2009. It is the first time that it is carried out authentically in June,2009.As it is the first try，and it seems that there are some contradictions between thestate’s priority in purchasing the valuable cultural relics and the rules of auctionprice, the practice evokes a intensely dispute among scholars in and overseas.What is the essence of the state’s priority in purchasing the valuable culturalrelics? What are the differences and connections between the expropriationand compulsive purchase? And what is the connection between the state’spriority and the preemptive right in private law? And what are the conditions and means about carrying out it? There are not specific answers of thosequestions in our active legislation. Clearly, the concepts of state’s priority inpurchasing cultural relics and the regulations are not specific and perfect. Thisthesis intend to analyze the concept of state’s priority in purchasing culturalrelics, probe into its essence, see about the differences between the differencesand connections between the expropriation and compulsive purchase, and thenexamine the regulations and the practices in Egypt, Japan, Greece, review, Italy,Spain, France and other countries. Combining the factual conditions of china,analyzing and expatiating will be made on the concepts, conditions, master,obligee, period and means of the state’s priority in purchasing cultural relics.This thesis analyzes the state’s priority in purchasing cultural relics mainlyfrom the perspective of civil law. To recognize that the state’s priority inpurchasing cultural relics belongs to the category of civil rights, combine withthe relevant provisions of China and practice, consider our tradition andbackground, analyze the exercise means, the establishment concept of the state’spriority in purchasing cultural relics will be made, the essence of it will be defined, the proposition will be put forward. Conclusion will be made by acomprehensive analysis. The exercise of the state’s priority in purchasingcultural relics must base on such a premise, of that fully following the marketeconomy rule, of that considering the demand of state’s collection and theinterest of the trustor of the cultural relics and other relative purchasers, of thatnot disobeying the auction regulation and auction legislation. The representativeassigned by the administrative department for cultural relics should take part inthe auction like other civil obligee who enjoys the same rights.