Study Of Evidence In Recovering Illegal Circulation Cultural Relics

In recent years, the protection consciousness to cultural relics of the international community has been gradually strengthened, the research field of vision of scholars at home and abroad which related to the protection of cultural relics theoretical has been opened. However, although most countries has made positive efforts both in the protection of local cultural relics and assist others to protect cultural relics, the condition of illegal circulation cultural relics has not to be curbed yet, and it has become an international difficult problem as well as the fight against drug crime, gun-runningOnce the cultural relics has been circulation illegally, in order to protect cultural relices and maintain their own interests, the originating countries have to get them through recovering mechanism. Recovering can’t be achieved overnight, there are so many legal barriers to overcome in the process,the evidence problem is one of the most critical and complex barriers. Although scholars at home and abroad has certain research for the legal issues of recovering cultural relics, however, the research of evidence problem which plays an important role in recovering cultural relics is still in the outline of academic. So it is necessary to discuss the evidence problems in recovering illegal circulation cultural relics. This thesis starts from the base problems of evidence, then has an in-depth discussion on the evidence problems of recovering illegal circulation cultural relics separately. Finally, give some suggestion of perfecting evidence rules of china in recovering illegal circulation cultural relics. This thesis is divided into five parts,The first part summarizes the concept of evidence and the practical significance of evidence in recovering illegal circulation cultural relics.This part firstly gives the definition of evidence concept and the meanings of evidence in recovering illegal circulation cultural relics.Second, the summary statement has carried on the problems which related to the evidence in recovering cultural recourse.Then, analyze of the characteristics of evidence in recovering illegal circulation cultural relics.Finally, expound the practical significance of evidence in recovering illegalcirculation cultural relics.The second part is the research on the categories of evidence and credibility in recovering illegal circulation cultural relics. This part firstly summarizes the classification of evidence, and analyzes the value of the classification of evidence.Secondly, on the basis of the simple introduction of the credibility rules in Anglo-American law system and continental law system, proposed how to determine the application of law in the credibility rules conflicts. Thirdly, based on the demonstrative analysis of the credibility of the relevant evidence in recovering illegal circulation cultural relics, then sums up the enlightenment of the credibility rules for China.The third part discusses the evidence-collecting in recovering illegal circulation cultural relics. First determine the basic principles of evidence-collecting.Secondly, from the perspective of cultural relics requestor, discusses the problems in collecting domestic and extra-territorial evidence.The fourth part discusses the burden of evidence in different recovering mechanism. First of all, through the analysis of the international treaties, sum up the burden of evidence of cultural relics requesters and the people who acquired in good faith under the international treaties mechanism. Second, the matter of adducing proof in recovering through international civil procedure mechanism are analyzed. Through empirical analysis, to initiate a legal proceeding in the United States, for example, to suit the specific object of the burden of evidence and the standard of evidence for further discussion.The last part of the first summarizes the evidence in a practice situation in China of recovering illegal circulation cultural relics. Secondly, on this basis, combined with the above analysis content of related problem with evidence, made clear that the deficiency of evidence of practice in China of recovering cultural relics. Finally, give the suggestion of perfecting evidence rules of China in recovering illegal circulation cultural relics.