A Study On The Legal Regulation Of Civil Collection Circulation Of Cultural Relics

The source of private collections in China can be traced back at least to the feudal period, has experienced a history of thousands of years. Suffered numerous wars and destruction of the natural and man-made disasters, but its volume contains more than the official Museum reserves, so the state’s great attention must be paid to the protection of these cultural relics resources. The phenomenon of the legal gaps and the lack of effective enforcement in all aspects of the circulation of private collections, however, formed a great obstacle to the effective protection of civil collections:the legal way of the private collections’acquisition divorced from reality; the auction took fake sales and use of cultural relics auction crime occurred frequently; folk cultural relics identification no threshold, without specification,etc. So far the folk cultural relics market formed a "whole illegal" situation, and the government in the process of circulation of cultural relics in has not played its due role.This article combined with the reality, from the aspect of law analysis of the current problem encountered in the process of circulation of private cultural relics, respectively to folk collection acquisition, auction, identification, and suggest the government behavior. This paper consists of four chapters and the conclusion of five parts:The first chapter mainly introduces the writing background, significance, writing methods and ideas,and Key references review.The second chapter firstly presents the the influence on cultural property caused by the linking problem between property law and the law on the protection of cultural relics. Then focuses from the private collection of cultural relics, auction, identification, and a series of circulation process, introduced the legal problems existing in the link, and points out that antique market is in "illegal" overall situation.The third chapter has carried on the summary of legal liability to the relevant government departments--cultural relics, industry and commerce, public security departments in private collections’circulation and the law enforcement situation, mainly describes the relevant government departments to the difficulty in the preservation of cultural relics.The fourth chapter put forward measures to cope with all aspects of the problem in the two and three chapter. Summed up the acquisition of private collections should be clear property rights, the heritage registration system should be implement, gives legal status to the folk cultural relics market; The applicable prerequisite of the fidelity Terms in the Auction Law for an auction should be clear, crack down on the auction companies listing behavior, and to strengthen the supervision on auction subject; On the cultural relics appraisal link to the first close the loopholes in law, followed by the full establishment of cultural relics appraisal industry specifications, including the acquisition of the appraisal agency qualification, the qualification cognizance of the appraisal personnel, The establishment of the evaluation standard system,as well as the supervision mechanism for identification; Finally, the government proposes to perfect legal laws and regulations, clear law enforcement body, set up a harmonious and unified management mechanism,against theft and smuggling of cultural relics, to encourage the establishment of a private museum and to strengthen publicity and education and other measures of the protection of cultural relics.The fifth part is the summary of the whole research.