Study On Chinese Law Mechanism Of Recovering Illegal Circulation Cultural Property

In recent years, the trend of the international illegal circulation cultural property expands gradually. Facing the increasingly serious cultural property protection crisis, international society generally responds. On the one hand, Nations curb the illicit transfer of cultural property by strengthening national legislation and signing international treaties, on the other hand, a lot of Nations search for losing cultural property actively. Scholars of international law has researched the methods of searching the illegally transferable cultural property for many years, Chinese scholars have discussed this question too.In addition to the Introduction and conclusions, this paper is divided into four parts.In the first part of the paper, the author talked the basic concept and theory of illegally transferable cultural property. Firstly, the author introduces the concept and feature of cultural property. Secondly, the article analyzes why searching illegally transferable cultural property is important to us by current situation in international society and Chinese society. Thirdly, based on analysis of different doctrine, the author concludes that the cultural property should be returned to the original countries. The final part of this chapter, author introduces the history of searching illegally transferable cultural property.Part two of this article is describing international law mechanism of recovering illegal circulation cultural property, and studying on the influence on Chinese legislative by international law mechanism, and the use of the mechanism in China. The first quarter is expounded the international law mechanism of recovering illegal circulation cultural property, including the convention mechanism and bilateral agreement mechanism. The second quarter is how international law mechanism affects Chinese legislative, and how the international law mechanism is used in China to recover Chinese illegal circulation cultural property. In this part, the author introduces the bilateral agreements which signed between China and American, China and Peru.The third part is introduces the domestic law mechanism of recovering the illegal circulation cultural property in some foreign countries, such as American, Japan, Italy and Greece. And finding some experience for reference from these countries.The fourth part is empirical analysis of recovering the illegal circulation cultural property at home and abroad, including the recovering practices through litigation and arbitration mode. According to the cases, the author analyzes both the advantages and disadvantages of the litigation and arbitration way, and how could we foster strengths and circumvent weaknesses in practice. In this part, the author also talks the deficiencies that we use the litigation mechanism to recover the illegal circulation cultural property and puts forward some suggestions.The last part of the paper is the suggestion to perfect the use of mechanism which is used to recover the illegally circulation cultural property. The first part of this chapter the author points out the shortcomings of using the recovering mechanism in China at the present. In the second part, author talks about how to perfect China's domestic legal system to protect the cultural property and recover the illegal circulation cultural property, including the suggestions of perfecting the legislation and other aspects.