Research On The Legal Recourse Mechanism Of Overseas Cultural Relics

Cultural relics are an important carrier of a country and its national history and culture,bearing witness to the traces left by the progress of The Times,and even the wisdom left by the exploration of human development by the working people at that time.They are closely related to the development,prosperity and national pride of a country.In the modern history of China's humiliation,more than a century of humiliation of China's countless precious cultural relics due to a variety of reasons,such as war robbery,theft and robbery,smuggling and other illegal ways reduced to foreign countries.Through continuous efforts,the Chinese government and other non-governmental organizations and individuals have also used some means to successfully track down some cultural relics,but the quantity and quality of returned cultural relics are far from enough.How to make the lost overseas cultural relics return in the most suitable way within the framework of legal mechanism is the main problem of this paper.This paper is divided into five parts.By analyzing the different definitions of overseas lost cultural relics at home and abroad,different theories of lost cultural relics at home and abroad are understood.By analyzing the advantages and disadvantages of the three international conventions and China's recovery of overseas lost cultural relics,this paper tries to find out the limitations of the conventions.From the analysis of the achievements and limitations of the recovery of the lost cultural relics in China,we can find the predicament in the process of the recovery of the lost cultural relics.We also draw lessons from the experience of some countries which are similar to our country in the world and get some enlightenment.The last,based on the physical truth of our country,the author gives some practical legal countermeasures and Suggestions,in order to help our country's recovery of cultural relics.