Research On Countermeasures To Recover Cultural Relics Lost In China Under The 1970 Convention

At present,the increasingly active international exchanges of cultural relics have promoted the diversity of world civilizations and laid a foundation for the mutual understanding of cultural differences among ethnic groups and the promotion of deeper cooperation and exchanges.At the same time,the international community is also facing the serious phenomenon of smuggling,destruction and illegal transfer of cultural property.In the field of cultural relics,the rampant theft and illegal transfer will not only cause the loss of a country's cultural property and resources,but more seriously damage a country's historical memory and cultural genes,causing irreparable consequences.History abounds with painful lessons.Large-scale destruction and theft of cultural property have taken place in Afghanistan,Iraq,Syria and other countries,causing incalculable damage to national property and even greater damage to the protection and inheritance of civilization.n addition to the strong condemnation from the international community,more attention has been paid to the protection of cultural relics and resources.The pursuit of lost cultural relics is no longer confined to a single country,which has become an international problem.The relief sculpture of Greek temple is exhibited in British museum one day,the difficult problem that cultural relic pursues hard step exists one day.As one of the four ancient civilizations,China has left vast cultural wealth with its history and wisdom.These cultural relics represent the diligence and wisdom of our ancestors,witness the changes of history and the inheritance of civilization,andare the accumulation of traditional Chinese culture.However,the survival of cultural relics in the course of history is fraught with disasters.As far as the brutal plunder during the war,theft,illegal transfer of ownership,and the rampant black market trade,countless Chinese treasures have been uprooted and lost overseas.The pursuit of lost cultural relics is not only to recover the ownership of cultural relics,but also related to cultural sovereignty and national dignity,as well as the historical inheritance and emotional appeal of the nation.The significance is self-evident.However,it must be recognized that due to historical,political and legal reasons,as well as the trend of expanding illegal trade in the field of cultural relics in recent years,it is increasingly difficult to recover lost cultural relics.There are many ways to recover cultural property,such as litigation,arbitration and diplomacy.Many scholars have carried out detailed discussions,and there are precedents for successful pursuit in practice.However,in April 2018,the news of "Tiger Ying",a Chinese cultural relic being auctioned by the British Canterbury auction house,will once again explore and improve the existing international recourse for cultural relics.Since litigation,arbitration and diplomacy are all typical means of pursuing cultural relics,why can't some Chinese cultural relics be returned to the motherland? We must realize that all kinds of recourse methods have their own advantages and disadvantages and defects,and the existing conventions on the protection and return of cultural relics also have their limitations,which make the road of cultural relics recourse bumpy.Thanks to the United Nations Educational,Scientific and Cultural Organization in 1970 organized the Prohibition and Prevention of the Illegal Import and Export of Cultural Property and the Illegal Transfer of Ownership(hereinafter referred to as the1970 Convention),for China to recover for range does not include,the main body,inadequate retrospective not excluded outside the recourse to paved the way to return to the cultural relics.International cooperation is the main theme of the 1970 Convention.We hope to strengthen concerted action on the illegal transfer of cultural relics by building an international cooperation system and establishing moral standards for the transfer of cultural property.Therefore,in the face of such culturalrelics that have historical background and cannot be recovered through litigation,such as“Tiger Ying”,it is of great practical significance to carry out dialogue by using the contents of the 1970 Convention and negotiation through diplomatic means.Therefore,the author take "Research on Countermeasures to Recover Cultural Relics Lost in China under the 1970 Convention" as the subject,through the analysis of the specific to the 1970 Convention,proposed our country convention mechanism recourse available means of cultural relics,and the protection of cultural relics in our country and the problems existing in the recourse targeted Suggestions,in order to benefit to the protection of cultural relics in our country and recourse.The first chapter introduces the emergence of the international dispute over the return of cultural relics and the two theoretical positions.It can be divided into war restitution and peacetime illegal export restitution.From the perspective of different interest subjects,it can be divided into the return dispute between the country of origin of cultural relics and the country of market of cultural relics.It is because of different reasons of the times and different interest subjects form different value judgments from their own interests that Cultural Nationalism and Cultural Internationalism in the field of returning cultural relics come into being.Nationalism emphasizes that cultural relics belonging to a country should respect the cultural rights of the country of origin and be returned.Internationalism emphasizes that culture knows no borders and cultural property belongs to all mankind.The author believes that the purpose of the protection of cultural relics is the same,but the two sides insist on different ways,different measures to protect it.As long as the theoretical position is not applied to an extreme,both have reasons to be upheld.Understanding the most basic theoretical position is the basis for this article to introduce the 1970 Convention in detail.On the issue of the recovery of lost cultural relics,we must adhere to the value concept of the 1970 convention and recognize that the cultural property of a country jointly constitutes a part of world culture,which provides a legitimate basis for international cooperation.At the same time,national cultural relics constitute a part of a country's history and sovereignty,which is best protected by the country.The fact that the 1970 convention is still shining today hassomething to do with its neutral reconciliation of the two values.This balance of values can provide the most appropriate contribution to international cooperation in the pursuit of cultural relics,which is why my country has always supported the 1970 convention.The second chapter introduces the emergence and main contents of the 1970 convention,as well as China's practice in the recovery and successful return of the lost cultural relics after joining the 1970 Convention.With the recovery of economic and political ecology worldwide after world war ii,cultural relics were no longer devastated by war.However,peace did not stop the emergence of cultural relics crimes,but the increasingly stable market environment gave birth to the rampant illegal trafficking in cultural relics and the hot black market of cultural relics.The fact that a large number of precious cultural relics have been stolen,illegally excavated and sold makes people realize that it is essential to curb the illegal circulation of cultural relics in peacetime.The 1970 Convention was born.After that,the author introduces the text of articles of the convention at a large length to show the progress of the 1970 Convention.For the first time,it establishes the way of international cooperation in the form of articles,which confirms the basic position that countries have the obligation to return the illegal outflow of cultural relics from the countries of origin and supports the appeal of the countries of cultural relics outflow.At the same time,the ambiguity of some contents under the balance of interests also leaves room for the specific application of the countries of cultural relics market.Over the years,the Chinese government has been working to recover lost cultural relics.Since its accession to the 1970 Convention,the Chinese government has incorporated the protection of cultural relics into the national development plan,constantly improved the system and capacity for the control of cultural relics,strengthened and improved law enforcement of cultural relics,cracked down on theft,excavation,smuggling and other criminal activities related to cultural relics,and intensified efforts to crack down on the illegal trade in cultural relics.Actively and correctly using the contents of the convention,the successful recovery of a number of illegally smuggled cultural relics demonstrates the correctness and inevitability of thedecision to accede to the 1970 Convention.We have signed multilateral agreements with many countries through international cooperation mechanisms,stopped the illegal trafficking of cultural relics at the borders of other countries,successfully recovered many batches of smuggled cultural relics,and continuously conveyed the Chinese government's zero-tolerance attitude towards cultural relics crimes.However,it must be realized that the number of Chinese cultural relics lost cannot be counted,and only a drop in the bucket will be returned.In the face of huge Numbers,how to use the existing convention mechanism to legitimate and reasonable successful recovery,is the purpose of this paper.The 1970 Convention,the product of a struggle for the interests of all parties,is inherently flawed.The lack of the main body of the tracing regulations,the vague words lead to the poor actual execution and the lack of retroactivity have greatly restricted the process of the tracing of cultural relics in China.The “Tiger Ying”auction event mentioned in this article exposes its defects.In 2009,the afterglow of an auction of Yuanmingyuan's animal heads by French auction house Christie's was not fading away.For another year,an auction of tigers was an act of anger.In the face of a convention with a limited role,there is more we can do for the return of cultural relics than make a solemn statement of position.The third chapter,after analyzing the existing deficiencies of the 1970 Convention,discusses the trend of the international code of moral values in a comprehensive manner,combines the deficiencies of China in the implementation of the 1970 Convention,and draws on the successful experience of Britain and the United States to fully explore the international cooperation mechanism stipulated in the 1970 Convention itself,put forward to strengthen the cultural relics registration filing a register of the relics,perfecting the domestic legislation,implementation of the 1970 Convention,make full use of international law means to carry out bilateral multilateral cooperation consultation,attaches great importance to the moral restraint mechanism to improve the moral value standards four response,in order to perfect our country's existing recourse looted relics deficit disorder problem.In the field of the pursuit of cultural relics has been full of interest fights andgames.This fight is not only about the ownership of cultural property,but also about the emotional connection between cultural property and the country and the nation.For China,which has a history of 5,000 years,the existence of every cultural relic helps us understand and remember history.However,cultural relics lost abroad cannot be returned to the embrace of the motherland.What separates them is the continuity of history and the bond of national emotional connection.At present,the international convention under the mechanism of heritage recovery is difficult,the actual effect is unsatisfactory;Domestic relevant laws do not link up the content of the convention,making the implementation of the recourse not in place,and need to be improved;With the development of international cooperation,bilateral agreements on equal consultation imply the most basic recognition of the sovereignty of cultural relics.There is a growing tendency for moral values to have a higher moral obligation than the convention.This paper starts from the 2018 Canterbury auction house in the UK auction Yuanmingyuan cultural relic Tiger Ying,taking the 1970 Convention as the research object,international cooperation as the prominent perspective,and using case analysis,literature analysis,historical research,comparative research and other methods comprehensively,to make a clear distinction between the conflict and reconciliation of the position on the value of returning cultural relics,to systematically review the background of the formulation of the 1970 Convention,to analyze and summarize the progress and shortcomings of the convention,and to investigate the active efforts made by China after its accession to the convention,After the above analysis,some countermeasures to adapt to the inadequacy of the 1970 Convention are proposed for reference.