The Legal Study On The Issues Of Immunity From Seizure In The Cross-Border Loan Exhibitions Of Cultural Properties

The Immunity from Seizure in the Cross-Border Loan Exhibitions of Cultural Properties are special regulations designed for promoting cultural exchange.It can be defined as follows:the borrowing nation would grant the qualified cultural properties immunity from seizure during the temporary loan exhibitions to relax the lenders' worries that the cultural properties may not be returned.The item "Immunity from Seizure" seems to be similar to two items,but they are totally different.The content of Immunity from Seizure can be theoretically divided into three parts:the subject of Immunity from Seizure,the procedure of granting Immunity from Seizure and the exception of Immunity from Seizure.Despite the Institution highlights the advantages,there are only ten more countries or regions which have chosen to draw up the regulations,because of the worrying about the legal predicaments of Immunity from Seizure.However,based on the theoretical analysis and the analysis about the specific legislations of the typical countries and regions,it can be concluded that these so-called legal predicaments do not exist or can be weaken or avoided by well-designed institution.Although Immunity from Seizure cannot be used to settle all the problems facing in China,if used properly,it would also have a positive effect to the protection of cultural properties.The positive effects include three fields:promoting the mutual cultural exchange,perfecting the exporting and importing legal system of artworks and cultural properties protection and getting the lost artworks and cultural properties back.According to the situation in China,the semi-automatic model in the three legislative models of Immunity from Seizure is the most suitable for China.The article includes four parts.The first part is an introduction to Immunity from Seizure.Firstly,there is a definition about the concept of Immunity from Seizure.Second,there is a comparison between the item "Immunity from Seizure" and other similar items.And finally,there is a discussion about the framework and the content of Immunity from Seizure.The second part is to analyze the three legal predicaments of Immunity from Seizure.The first legal predicament is whether Immunity from Seizure violates the values and provisions of the conventions concerning the protection of cultural properties.Another two legal predicament are Immunity from Seizure facing when the potential claimants are exercising the litigation rights and when the relative parities are getting the lost cultural properties overseas back.The third part is to analyze the countermeasures to the legal predicaments,the features,and drawbacks of the legislations of some typical states and regions.Because the legislative models of the institution are divided into automatic model,application model and semi-automatic model,this part will discuss according to the three types.There are the federal regulations of American and the regulations in France discussed in application model.And there are the laws of New York State and Texas State discussed in automatic model.Besides,there is the law of England discussed in semi-automatic model.The forth part is to discuss the lessons of the institution and advices about how to enact the regulations of Immunity from Seizure in China.Firstly,there is an analysis about the legal dilemma of protecting cultural properties and cultural legal institution of China concerning the cultural properties protection.Based on the analysis,there is a discussion about the necessities of applying Immunity from Seizure to deal with the predicaments in China and a discussion about the feasibilities of applying the typical legislations belonging to the Common Law System to China,which belongs to the Civil Law System.Secondly,based on settlement of the above legal issues and the reality in China,there are some legislative advices about the regulations of Immunity from Seizure in China.It can be concluded that the application model is the most suitable in China and the relative regulations in China can be enacted based on the federal regulations in America.There are three innovations in this article.The first innovation is to put forward a new divisive method of the framework of the Immunity from Seizure.The second innovation is the innovation in analyzing and discussing the typical legislations by making a comparative analysis of the legislations of different countries and regions in different legislative models.The third innovation is to give specific Suggestions on how to transplant the Immunity from Seizure into the legal system of cultural properties protection in China.