The Study Of The Return Of The Loss Historical Relic Legal Issues

The relics are not only the witness of a national and ethnic history, but also the livinghistorical facts. In the loss of cultural relics return to this issue, the international communityand more to the convention, consultations and other means to solve, but with little success,many of the loss of cultural relics are still in the loss of state. And related legal issues arisingin the whole process of regression in the loss of cultural relics is the biggest obstacle to thereturn of cultural relics. This article is divided into four parts:The first part illustrates the connotation of "Relics" to explain it. Elaborate thecharacteristics, classification, properties and values of relics. Distinguish between the legalrelics, illegal relics and underwater cultural relics to definite the approach of looted relics.The second part expounds the international society's attitude and measures for relicregression.The third part is proposed of some legal relic regression problems. The first is theuncertainty of property of looted relics; followed by the uncertainty of national responsibilityduring the relic regression; the last is other legal issues during the relic regression process,such as narrow protection range, limitation of action.The fourth part is the solution of the third part. It can establish the relics file registrationsystem to clear relics ownership; clearly definite the responsibility subject, build upresponsibility principle to determine the charge of specific state law; set up and complete thesystem of looted relics in theory and practice which would make relics no longer loss again.