| With the enhancement of national strength and the increase of the enthusiasm of the people for the pursuit of cultural antiques,China has also followed the international upsurge of the return of lost cultural antiques,and began to improve China’s overseas lost cultural antiques recovery system,so as to provide full domestic judicial background support for the return of lost overseas cultural antiques.The problem of recovery and return of overseas lost cultural antiques is a complex system.The fields covered by its mechanism intersect,so it is difficult to find a better solution at present,and then it is difficult to expand ideas in combination with the actual practice.At present,most of China’s research on the pursuit of overseas lost cultural antiques is limited to theoretical research.There are corresponding researches on various international legal issues related to the return of lost cultural antiques,such as timeliness issues,problems in the field of alternative solutions to international disputes,property rights issues,and research scholars including extra-judicial solutions.China should try to break through the original thinking mode,break the limitations of the judicial settlement approach,which mainly focuses on the combination of multiple ways,mainly in litigation,and explore new possibilities for the return of lost cultural antiques.On the whole,the system of Alternative Dispute Resolution includes many diverse and flexible solutions.With the increasing complexity of social relations,the number of dispute resolution methods for new problems and new environments has gradually increased.In recent years,research on arbitration method has also been quite popular.Under the mandatory principle of"Peaceful Settlement of International Disputes" in International Law,it is in line with the trend of the international community to introduce Alternative Dispute Resolution into the field of cultural heritage and solve the thorny problem of overseas loss of cultural antiques between countries.Due to the diversity and novelty of Alternative Dispute Resolution methods,combined with foreign-related factors,its research in the field of foreign-related cultural antiques is still in its infancy.By summarizing the known theoretical research and relevant case information,this paper aims to summarize and sort out the types of Alternative Dispute Resolution methods and the corresponding problems of each type,analyze the contradictions of the problems and put forward suggestions.The world’s situation has changed unpredictably in recent years,and the international community is experiencing unprecedented changes in a century.The butterfly effect caused by the instability of social order and economic situation often affects seemingly distant relationships,and the game between countries is also closely related to the recovery and return of lost overseas cultural antiques.Therefore,this article aims to use the method of enumeration and comparison to analyze China’s typical cases of lost cultural relics in China.At present,there are difficulties in the mechanism of returning cultural relics lost abroad.Chapter two,at the beginning of the paper,first introduces the overall situation of international lost cultural antiques,and introduces the historical background of international lost cultural antiques in China.The meaning of cultural relics themselves and the definition of loss explain the scope of cultural relics lost abroad.The subject of this article focuses on the legal issues related to the illegal loss of cultural relics,and further divides the scope of the discussion into legal issues caused by historical issues such as systematic armed conflicts and modern issues such as illegal trade.Chapter three,introduces the current international ways of recovery of foreign-related lost cultural antiques,mainly including commercial channels represented by donations and repurchases,political channels such as negotiations,and judicial channels such as litigation and arbitration.This article mainly discusses the methods of recourse through judicial channels such as litigation and arbitration,and on this basis,conducts research on the problems of reflux from both International Law and international private law.Chapter four,based on the third chapter,deeply analyzes the legal dilemmas existing under various recourse channels.Due to litigation procedures and non-litigation channels;the respective characteristics of public and private international law will lead to special legal problems under different applicable conditions.By analyzing the experience of typical cases in the past,this article attempts to summarize the advantages and disadvantages of recourse under different conditions,study whether the relevant methods used in cases where the successful practice to pursued international lost cultural antiques in foreign countries can be used in China,and analyze whether there are solutions to the obstacles involved in failed cases.Chapter five,focuses on the current situation of China’s pursuit of international lost cultural antiques.From China’s current attitude and position on the pursuit of lost cultural antiques,the objective hardware conditions,according to the existing recorded recovery cases in China,it summarizes the possible litigation and non-litigation problems of the recovery of international lost cultural antiques under China’s national conditions and legal system,so as to analyze the possible risks in the future recovery work.Chapter six,explore the possible development of China’s future recovery of international lost cultural antiques in China by summarizing the common legal obstacles and some unique legal problems in the existing international and domestic recovery channels,in view of the Alternative Dispute Resolution that may be developed in China at present,and try to make some advice about legislative,justice and enforcement,to respond to the unpredictable international situation better,so as to promote the return of cultural antiques lost overseas and the inheritance of the genes of human civilization. |
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