Legal Issues Concerning Of The Recovery Of Lost Cultural Relics

China’s lost cultural relics have characteristic of huge number, ambulance species, and long cross-decade. The process of recover these lost cultural relics will involve a very tough and complicated legal issue, which not only relate to the collision among different legal systems, but also the clash of various countries ’interests. Owning to the cultural relics’great values in history, science and aesthetic, and its recovery also relate to our country’dignity, it’s highly necessary to do a systematic study on legal issue which could be conductive to China’s recovery activities in the future. Starting from analysis the way of returning lost cultural relics, including non-legal means and legal means, then do a deep research on returning lost cultural relics under the public international law basis and private international law basis. This article consists four chapters.Chapter one of this paper attempts to analysis the way of returning lost cultural relics. Starting from introduce the definition of cultural relics in public international law and China’domestic law, and then draw forth the definition of lost cultural relics. Stress the significance of recovering the lost cultural relics, which reflect its values in economic, culture, legal and our country’s dignity. Then, analysis the approaches to returning the lost cultural relics, including non-legal means and legal means. Non-legal means includes repurchase, rebates and diplomatic manner, while legal means use the public international law and cross-border litigation under private international law.Chapter two of this article focuses on returning the lost cultural relics in the framework of international law. The international conventions consist in the1950The Hague Convention,1970Paris Convention,1995Rome Convention. Then put forward the bilateral contracts between China and Peru, China and America.Chapter three of this article makes an in depth-analysis on the enforcement of legal regime on specific cases, analysis the obstacles and legal issues that China may encounter in the recovery of the cultural relics., such as the rules of application of law, statute of limitation, and bona fide third parties. Then put forward and analysis two specific cases in overseas and domestic.Chapter four of this article put forth some constructive countermeasures on China’s the recovery of cultural relics. First, point out the different times of losing the cultural relics:during war time and peace time, then put forward different suggestions to these lost cultural relics.