Research On The Recovery Of Lost Chinese Cultural Relics With Legal Method

Cultural relics are the matter embodiment of human civilization.They are the major means of culture inheritance.However,in modern times,a large number of cultural relics have lost.At the same time,more and more attention has been paid to the recovery of lost cultural relics.How to recover the lost cultural relics with legal method is a difficult problem.The legal method of recovering lost cultural relics mainly includes two modes: public law method and private law method.Through an analysis of the relevant international law system,we can found that the function of international conventions is very limited in the recovery of lost cultural.Therefore,the method of the recovery of lost cultural relics under the path of public law must rely on the international law enforcement cooperation.The private law method mainly refers to the recovery of lost cultural relics through the transnational civil procedure.The kernel of this method is handling the disputes of ownership transfer between the owner and occupant.However,the ownership protection rules between the civil law and Anglo-American law are very different.In the transnational civil procedure,in order to recover more lost cultural relics,the owner should prevent the occupant from entering a demurrer though ‘laches defense',if the civil law would be applied.The owner should try to prove that the occupant is not a third party with good faith,if the Anglo-American law would be applied.Besides,the domestic cultural relics preservation system should be improved,if the civil law would be applied.Combined with the plight and choices at present,the relevant rules of cultural relic collecting countries need to be explored in depth.The international justice cooperation and cultural relic management should be strengthened and the legal system of the preservation of cultural relics should be perfected.The recovery of lost cultural relics would be promoted under the framework of bilateral relation.