Study Of The Multinational Heritage Of Legal Recourse

The cultural relic is the witness of a nation's work, life, entertainment historical and has very important significance to a nation's self-esteem, self-improvement and sense of pride without a doubt. As symbol of a nation and a carrier of a nation's history and culture, they have deep influence on the present and even the future of a nation, even if thet are created previously. Because of this, someone says "if one want to destroy other country, it must first destroy its culture; if one want to destroy culture, it must first destroy its cultural relic."Christie's auction of the bronze mouse head and rabbit head that robbed from China's the Winter Palace illegally by the Joint AngloFrench Forces caused Chinese to pay close attention to recovery of the cultural relics that outflow illegally in history. The recovery of the cultural relics that outflow illegally, especially that due to war is an international and historic problem. During more than 100 years in modern times of China, numberless cultural relics were robber by foreign invaders, more cultural relics were shifted illegally nearly 20-30 years. How to recover these precious cultural relics is a problem that we need solve out as soon as possible.In this article the author outlines the relevant practice of the international community, analyze the legal relationship of recovery of Chinese cultural relics that outflow illegally, explore the main recourses how to recover the cultural relics of China, especially the legal recourse. The author believed that although there are three international treaties about protection of the cultural relics in the international world, these international treaties have no retrospective effect on the cultural relics that outflow illegal before international treaties went into effect. Meanwhile main country that is main market of the cultural relics in the world such as American, Britain, Germany and France, therefore three international treaties had little real impact. There are a number of barriers in the transnational litigation under the private international law, because of disputes of different countries about the bona fide acquisition system.The Chinese government should integrate diplomatic means and legal means, improve the coordination with international organization and non-governmental organization. Meanwhile it should improve domestic legislation about the protection of the cultural relics, establish inventories of the cultural relics as soon as possible and strengthen the study of relevant field.