Research On Legal Mechanism Of The Lost Cultural Relics' Recourse

China has been the loss of cultural relics country,especially in recent years become increasingly rampant smuggling of cultural relics.The world is also increasingly concerned about the use of legal means of recourse to the loss of cultural relics.So,it is essential to China that set up legal mechanism about cultural relics'recourse.The definition of cultural relics is very clear both at domestic and abroad,mostly defined in the form of law.The first part of this paper was delimited the cultural relics and legal mechanism,decided this paper's type,connotation and extension of writing.The second part constructed the legal mechanism of the lost cultural relics'recourse,it mainly includes four aspects in this paper:firstly,the proper parties who bring the international lawsuit to recover the lost cultural relics.Secondly,the proper applicable law chosen by trail court.Thirdly,the problem of evidence in the link of proof during the course of litigation.The last point is the essential judicial assistance.This paper mainly analyzes the feasibility and necessity of recovering the lost cultural relics by parties including the state,society and individual citizens.At present,the common approach adopted in the world is choosing the Lex Sitae when bring the lost cultural relics' recourse lawsuit as the applicable law.But there still have some disputes.In the respect of evidence,the burden of proof is on the plaintiff and the defendant.The emphasis is the burden of proof on good faith purchaser,which means the recognized standards of "good-faith" is the key to the whole case.Both Taking on evidence abroad and Recognition and Enforcement are complicated in judicial assistance,some country established bilateral or multilateral agreements to consolidate judicial assistance.Which can provide convenience to the recourse of cultural relics.There are some disputes on relics recovering judicial practice.The third part of this paper mainly analyzes some classic cases by lawsuit,and summarizes the focus of controversy form these classic cases through Empirical Analysis Method,such as parties,choice of law,evidence and judicial assistance's issues,and provide solutions for these issues.And then,this paper summarized the classic case's good point and enlightenment for our country.The fourth part focus on improvement of our country's legal mechanism of lost cultural relic's recourse.Also summarized the present situation and dilemmas on the lost cultural relics' recourse in China,which including the lack of specialized agencies and domestic legislation for lost cultural relics' recourse,the difficulty of evidence collection and the weakness of judicial assistance.And then,this paper gave 4 suggestions in response to those dilemmas.Followed by setting up specialized agencies,consummating domestic legislation for lost cultural relics' recourse,founding database of lost cultural relics,strengthening judicial assistance and developing new ways to lost cultural relics' recourse.This is a long and difficult process,China needs to establish a long-term effective legal mechanism to deal with such problems,and create a favorable international environment for the recourse of lost cultural relics.