Research On Applicable Law Of Recovering Cultural Relics Lost Overseas

Three things about the loss of cultural relics happened in 2015, the physical body sitting Buddha of "Zhang gong liu quan Patriarch"、Chinese Tang Hong lu Well Stele、 the heritage of Gan su Da Bao zi mountain. These three events present a phenomenon to people:China has a large number of precious cultural relics lost overseas. Facing such a painful fact, what should we do to recover these heritage which losses in the outside of China? Cultural relics is a witness of the national history, and is a bearer of the national civilization, and its historical value, artistic value and scientific value are uncopied. However, because of the war, the smuggling of cultural relics, cultural relics theft and other reasons, many Chinese cultural relics loss in overseas. In recent years, China take active measures, such as diplomacy, repurchase, rebate etc., to recover the cultural relics lost overseas. But because of the limitation of the above measures, cultural relics of successful recovery is very rare. In such a context, to recover cultural relics through litigation become a worth trying. In recourse by litigation, due to the inconsistent provisions of the law, the applicable law has become the key issue of the case. Based on this, this paper will deeply studies the applicable law of recovering cultural relics lost overseas. This paper is divided into four parts.The first part introduces the basic content of cultural relics lost overseas. This part is the basis of the full text, mainly elaborates the legal concept of cultural relics lost overseas, the international and domestic situation of cultural relics lost overseas、current situation of recovering cultural relics lost overseas and the development of international legislation on cultural relics lost overseas.The second part discussed the conflict of law in claiming relics lost overseas. The following section focuses on two aspects:the first is the conflict of legal cultural property acquired in good faith, comparative analyzes were carried out from the civil law system, common law system, the provisions of the international legislation; The second is the conflicts of limitation of claiming cultural relics lost overseas, in which the type of limitation, the starting time rules of limitation, the relevant provisions of international legislation are discussed.The third part describes the choice of applicable law of cultural relics lost overseas. In the field of claiming relics lost overseas, three rules are used commonly:Lex rei sitae rule、the doctrine of the most significant relationship、lex origina. In the analysis of the three rules, respectively, focus on three aspects: the basic theory、the feasibility in the case of claiming cultural relics、the application in specific cases.The fourth part discussed the applicable law issue of cultural relics lost overseas recourse in China. This part is based on the legislation situation of the recourse in Chinese cultural relics lost overseas, as well as the existing problems, and puts forward the legislative proposals to perfect the applicable law of claiming Chinese relics lost overseas.