Research On The Legal Issues Of Tracing Cultural Relics Lost Illegally In China

Cultural relics reflect the traditional culture of the Chinese nation and the spirit of the Chinese nation.The fate of the lost cultural relics is closely connected with the country,only when the country is strong can cultural relics be returned.The uncountable cultural relics show the history of China for five thousand years,their integrity,authenticity and peculiarity are unique to the whole world.Due to multiple reasons,China has become one of the countries with the most serious loss of cultural relics in the world,it is not only about our dignity and cultural sovereignty,but also the necessary act of inheriting Chinese civilization to trace the cultural relics illegally lost in China.The time span of the loss of Chinese cultural relics is more than one hundred years,the amount is huge and the loss ways are different.Therefore,the recovery of illegal cultural relics in China is very complex and difficult.Since the early days of the people's Republic of China,great importance has been attached to the pursuit of lost cultural relics,especially since the reform and opening up,China's economy has developed rapidl and national strength increasing year by year.Now,under the international law,China is speeding up the pace of tracing the lost Chinese cultural relics.With the unremitting efforts of the government and the people,news of the return of cultural relics is frequently reported.At present,China has joined a series of international conventions on the protection of cultural property,and has successively reached bilateral agreements with some countries in the field of cultural relics return.However,these conventions and agreements are only valid for Chinese cultural relics lost after China's accession or ratification.n other words,under the current international and domestic legal framework,only a small number of Chinese cultural relics lost have clear legal basisor support for recourse.For the vast majority of Chinese cultural relics lost overseas,they do not meet the standards of recourse in international conventions or bilateral agreements,which makes the whole process of recourse face many legal difficulties.These legal difficulties include not only international public law issues such as the non retroactivity and limited enforcement of the Convention,but also private law issues such as the qualification of litigation subject,identification and reservation of public order.In the case that the existing international treaty system can not be fundamentally improved in a short time,it is particularly important to explore and develop a variety of ways of tracing cultural relics.International enforcement cooperation,international civil litigation,negotiation and consultation,as well as rebate and buyback are four kinds of cultural relic recourse ways widely used in the world at present.Each method has advantages and disadvantages in the process of illegal cultural relic recourse,and they need to be applied according to the specific practice of cultural relic recourse.It is a long-term,complex and systematic project to recover the illegally lost Chinese cultural relics.To make a detailed and comprehensive analysis of relevant legal issues on the basis of improving the relevant legislation of cultural relics protection in China,and puts forward targeted strategies and methods based on the reality of Chinese law,achieve the goal,focus and step-by-step promotion of cultural relics tracing,welcome more precious cultural relics home,and make the national culture and history become the inexhaustible sources of our cultural confidence.