| Chinais a5,000-year history of the ancient civilizations and ancestors left uswith many valuable intangible heritages, carrying the culture of the Chinese nationand the brilliant achievements of these relics. Artifacts are non-renewable resources,so how to protect cultural relics becomes a critical issue ahead us. Which one ismore appropriate for deposit the cultural relics, state-owned collection institutions orindividual-owned agencies? The paper is going to explore the state cultural relic’spre-emptive system for readers in order to analyze the pros and cons.Nowadays, historical relic and art market is growing prosperity and more andmore people have realized the tremendous value of the heritage. After all historicalrelic is not an ordinary commodity and its trading should have different rules. Thispaper explores show to determine the ownership of the artifacts in the auction fromthis point of view.The paper is divided into four parts. The first part of this paper is the overviewof pre-emptive rights of the states by introducing the conception, evolution of thesystem, differences between this system and directional auction and so on. Thesecond part is about the rationality of pre-emptive rights of the states. This sectionintroduces two completely different views towards the existence of pre-emptiverights of the states and their legal bases. And at the final of this part the authorclarify her viewpoint. The third part describes the general process of how to exercisethe pre-emptive rights of the states by presenting the process of the letters from ChenDuxiu etc. to Li Dazhao in2006. The fourth part finds some problems in practiceand the author picks four of them to analyze which are scope of application, thedefinition of the same conditions, the subject of right and the protection to ordinarybidders. |
