Research On Applicable Law Of Recovering Cultural Relics Lost Overseas

Cultural relic is the cultural symbol and a witness to the history of a country and a nation.However,a large number of cultural relics in modern China have been lost overseas in authorized ways such as war,theft and smuggling.In recent years,China has actively carried out the instituting of cultural relics and successfully taken many cultural relics back to China through diplomacy and repurchase.However,the work is still difficult.This paper attempts to research the applicable law and some related conflicts of laws in cultural relics retrieving,and to make a referential use of the advantages of other countries so as to offer suggestions for the recovering of illicitly lost cultural relics in China.The paper consists of four parts:The first part is mainly about the theoretical basis of the legal questions in the retrieving of our lost cultural relics.The author discusses on the concept of cultural relics and the definition of illicitly lost cultural relics and analyzes the reasons for cultural relics losses.And then,the author introduces the status quo of some other countries and China,and discusses international conventions concerning the protection and recourse of major cultural relics within the framework of international law in order to laying a foundation for the following.The second part mainly discusses the conflicts of laws in the transnational recourse of cultural relics.Firstly,Special protection laws for some national cultural relics.And the it discusses the protective rules of ownership of cultural relics in major marketing countries,and compares and analyzes relevant system of acquisition bona fides from perspectives such as common law,civil law and relevant international conventions.Then,the research was mainly on the differences between acquisitive prescription system and extinctive prescription system.This part aims to give advice on how China should do in cases of cultural relics recourse happening in the Anglo-American law system countries and civil law system countries.The third part focuses on how to choose the applicable law in transnational recourse of lost cultural relics.In this chapter,three selection principles will be analyzed,with their advantages and disadvantages pointed out.Besides,opinions are given on the legislation of applicable law to foreign cultural disputes in China.The fourth part mainly puts forward some thoughts on how to deal with conflict of law with the Anglo-American law system countries and civil law system countries in the recourse of China's cultural relics.Afterwards,it gives advice on the legislation of applicable law in the recourse of cultural relics.Finally,correspondingly suggestions are provided on how to further improve the legislation in China when meeting legal questions in lawsuits about illicitly lost cultural relics.