Research On The Subject Qualifications Of Litigation For The Recourse Of Overseas Lost Cultural Properties

Cultural property is a precious material property with historical and cultural value.In the world,the illegal loss of cultural property has always been a concern of the international community.In recent years,with the immeasurable social,economic,cultural,political and religious values of cultural property widely recognized by the world,cultural property resource countries and other original owners have actively carried out international recourse of cultural property loss through various channels.This paper takes the subject qualification of international recourse litigation of cultural property loss as the topic,relying on domestic and foreign research materials This paper makes a comprehensive,in-depth and systematic discussion on the legal issues involved in the return of international lost cultural property,especially the recourse through international litigation.In the process of writing,this paper uses the method of case analysis and summary to study and analyze the problem of the litigation subject qualification when countries,organizations and individuals file transnational loss of cultural relics litigation.This paper is divided into three chapters,The first chapter mainly describes the overview of overseas lost cultural relics recovery and puts forward the legal problems encountered by the litigation subject.The second chapter mainly analyzes the three types of litigation subject,namely,the state,organization and individual,in the transnational cultural relics recovery litigation.The last chapter puts forward the countermeasures to solve the problem of litigation subject.The first chapter is an overview of the recovery of cultural property lost overseas.First of all,from the concept of overseas loss of cultural property,this paper defines the overseas cultural property.Secondly,it puts forward two main theories of cultural nationalism and cultural internationalism and their practical influence on the subject of litigation.In the end,the paper briefly puts forward the main legal problems faced by the litigants in transnational litigation of cultural property loss,and the qualification of litigants.The second chapter focuses on the analysis and research of the causes of the plight of the subject qualification of the litigation of the loss of cultural property.First of all,this paper describes the basic theory of the subject qualification of transnational cultural relics litigation,and puts forward the basic elements of the subject qualification of transnational cultural relics litigation.Then,according to the basic elements of the subject qualification of litigation and combined with the judicial cases of international cultural relics transnational litigation,this paper analyzes the suitability of the state,organization and individual.The third chapter mainly puts forward some suggestions to solve the problem of litigation subject qualification.In view of the problem that the litigation subject is not qualified,this paper proposes to improve the domestic legislation on the ownership of cultural relics and the establishment of the recourse agency.In view of the uncertainty of the qualification of different litigants,this paper proposes to increase and encourage different litigants to participate in transnational cultural property litigation.In order to provide evidence to prove the ownership of lost cultural property in judicial practice and make the litigation subject qualified,this paper proposes to establish and improve the retention system of lost cultural relics evidence.