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A Study on the Law of Returning Lost Cultural Relics

2026-09-12 18:02
2026-09-12 21:54

The return of lost cultural relics faced many legal problems, mainly reflected in international law and domestic law. ** I. International Law ** 1. ** Convention's retroactivity ** - The international treaty prohibiting the looting of cultural relics during wartime and promoting the return of lost cultural relics by the international community did not have a retroactive effect. For cultural relics lost before the convention came into effect, the country of origin of the cultural relics could not recover them according to these conventions. For example, only cultural relics lost after 1989 and 1997 could be returned under the 1970 Convention and the 1995 Convention respectively. 2. ** Convention's own flaws ** - Most of the conventions were the products of the interests of the countries of origin of cultural relics and the countries of cultural relics market. There were many shortcomings such as vague wording of the core clauses, relatively narrow scope of application, weak supervision mechanism, etc., which made it difficult to use the convention to recover cultural relics. 3. ** The scope of the Convention is limited ** - The convention was only binding on its parties. Many cultural relic market countries refused to join the convention that was unfavorable to them in order to protect their own interests. This led to some western countries that had not joined the convention to be unscrupulous in the issue of cultural relics recovery, making it difficult for countries that had lost cultural relics to recover cultural relics from these countries according to the convention. ** 2. In terms of domestic law ** 1. ** Private Law ** - ** Good faith acquisition system **: The trade of cultural relics with defective sources is mostly non-public and often changed hands many times. It is extremely difficult for the country of origin or the original owner to prove that the current holder bought the cultural relics in bad faith, which hinders the country of origin from recovering the cultural relics. - ** Acquisitive prescription system **: Even if the owner of the cultural relic bought it with bad intentions or even knew that it was a stolen cultural relic, after a certain period of continuous possession, he could still obtain ownership based on the acquisition prescription, which was not conducive to the recovery of the country of origin of the cultural relic. - ** Extinctive prescription system **: This system generally poses an insurmountable legal obstacle to the recovery of cultural relics lost for more than 20 years through litigation. 2. ** Public Law ** - The domestic laws of many countries stipulated that public collections of cultural relics constituted their own cultural heritage and were "non-negotiable", thus prohibiting their governments from transferring their ownership to foreign governments or foreigners, which also brought difficulties to the return of cultural relics. In addition, it was difficult to form a joint force for the cross-border pursuit of cultural relics. The lost countries fought their own battles, and the cultural relic market countries established an "alliance" to resist the pursuit requirements of the lost countries. For example, in 2002, many western museum jointly issued the "Universal Museum Value Declaration" to refuse to return cultural relics. However, China was actively exploring countermeasures, such as carrying out judicial cooperation on the recovery and return of lost cultural relics through the group members of the International Association of Judges in relevant countries, using international conventions and bilational agreements to promote the recovery of cultural relics, developing and applying data monitoring models, and strengthening the recovery of cultural relics through criminal cases such as obstruction of cultural relics management. At present, the main channels for the return of cultural relics include donation, commercial repo, international law enforcement cooperation, international civil litigation, third-party mediation, negotiation and negotiation, etc. Among them, donation and commercial repo are currently the more successful channels. Read more exciting novels for free

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