Analysis Of The Current Situation And The Legal System Of Cultural Relics Identification

The false identification of fake jade burial suit, with huge loan fraud revealed the startled day secret:5top experts, the assessment of2400000000price for two pieces of " liar, liar in let jade clothes " For loans exposed again after from the bank to get50000000and450000000acceptance. In fact, this fantastic thing is a common social phenomenon. Thus, industry confusion remarkable cultural relics identification. These phenomena have to let the human have the question:why the National Heritage Department in charge in the face of cultural relics market such chaos to pay no heed, and we turn a deaf ear to the law? Why did not effectively? Is the law or law enforcement? Or a problem?Cultural relic is a product of human culture, is the carrier of Chinese history and traditional culture, embodies the historical transformation of the world of the ancestors. The historic, artistic and scientific value is hidden, must be revealed through identification of cultural relics. Talk about the protection of cultural relics and cultural exchange, will inevitably involve the identification of cultural relics, if true or false, or not, the protection of cultural relics will be unable to proceed. The legal relationship between the identification of cultural relics is more complex, according to the different subjects, cross the civil law attribute and administrative attributes reflected. At present, China’s cultural relics appraisal industry chaos, legal system concerning cultural relics identification is not perfect, therefore, causes the market for cultural relics identification is unable to follow, no management situation. It mainly manifested in the lack of legal basis, no enforcement mechanism, identification of specialized agencies or personnel identification of qualifications obtained defect is low, identification and identification standard of chaos, and the legal responsibility and legal supervision mechanism etc.In view of the existence of the cultural relics appraisal industry problems, based on the following relevant laws and regulations of the principle, starting from the level of legislation, law enforcement level, subject level, regulate aspects of legal responsibility and legal supervision level, proposed the standard cultural relic appraisal industry development, disorderly situation to change present cultural relic appraisal industry.