Rearch On Legal Issues Of Claiming The Outflow Of Cultural Relics

Heritage is a national historical and cultural carrier, also witnessed the era of the wheelimprinted walked forward,it is then condensed wisdom of working people,it is also concernedwith cultural sovereignty and national pride in a country. In more than100years of our time, alarge number of precious relics war looting, theft,smuggling and other illegal means ofcirculation to the outside,even after years of effort,through rebates and repurchase and otherartifacts recovered partially, but the return of cultural relics number of cultural relics lost justdrop in the ocean. And how to make relics lost overseas to return an appropriate mannerwithin the legal framework,it is a complex issue,coupled with the relevant laws andinternational treaties and related artifacts recourse inherent defects exist in itself,constitute arecourse for Heritage greater legal obstacles. In recent years,Yuanmingyuan animal heads ofrepeated public auction is inspired when experts,scholars and the public for Chinese culturalrelics lost overseas can return to discuss ways and means by which the return,and many otherissues. This paper consists of four parts: The first part, recourse cultural relics lost overseasorder that is mainly on the loss of cultural relics lost overseas and overview of the basicproblems that include cultural relics lost overseas related definition,classification,characteristics,as well as cultural relics lost overseas theory; the second part,recourse culturalrelics lost overseas Review of relevant international legislation and introduced the three mostimportant international conventions,the relevant international soft law and internationalorganizations,regional and bilateral treaties in the field,these enough to the cultural relics lostoverseas recourse basis in international law; and the third part discusses the cultural relics lostoverseas recourse to the main channel,in order to more objectively appropriate for differentreasons are not relics lost overseas, taking recourse to select a more favorable way. The fourthpart is the recourse of Chinese cultural relics lost overseas issues related to the analysis,firstintroduced the Chinese cultural relics lost overseas status quo,followed by talking about thecultural barriers encountered by overseas Chinese recourse Finally,the proposed Chinesecultural relics lost overseas recourse countermeasures. However,the overseas culturalrecourse,is not a simple question, which requires the joint efforts of various departments.