Research On The Legal Issues Of Recourse For Chinese Overseas Lost Cultural Relics

Due to various factors such as the Opium War,illegal excavation and smuggling out of China,and the black market trading of cultural property,tens of millions of Chinese cultural relics have been lost overseas.Due to the serious loss of cultural relics in China,studying the international legal system for the protection of cultural property in the world and exploring a path of tracing that is suitable for China’s national conditions can provide a legal basis for the tracing of cultural relics in China,which can enhance national pride and sense of honor,and fill the emotional gaps of the people;Giving play to the leading role of the law can promote the return of more cultural relics lost overseas in China,which is of great significance for the protection and inheritance of cultural property in China.In addition,there is still a long way to go in the practice of recovering cultural relics.There are many defects in the current international conventions,and the application of legal avenues for tracing lost cultural relics is not yet sufficient,hindering the smooth return of cultural relics in China.This also reflects the significance of studying the tracing mechanism of lost cultural relics from a lateral perspective.Only if more scholars pay attention to the field of cultural property protection can the tracing and protection of cultural relics be smoothly promoted.In addition to the introduction,this article is divided into five parts: The first part of the article combs the problems faced by our country in pursuing the lost cultural relics abroad,defines the concept of cultural relics and overseas lost cultural relics,and expounds the present situation of our country in pursuing the lost cultural relics abroad;The second part focuses on three international treaties related to the tracing of cultural relics,namely the 1954 Convention,the 1970 Convention,and the 1995 Convention,while taking into account other relevant international soft laws and international practices.It emphasizes the importance of legal weapons in solving the problem of tracing cultural relics lost overseas in China;The third part systematically reviews the application of ways for China to recover lost cultural relics overseas in practice,and explores the new method of recovery in domestic civil litigation through case analysis,in order to ensure a smoother path for China to recover lost cultural relics in the future;The fourth part provides an in-depth analysis of the legal difficulties in the current ways of tracing lost cultural relics in China,providing theoretical reference for the selection of tracing methods in future practice;The fifth part proposes a Chinese plan to solve the dilemma of cultural relic tracing.Attempt to comprehensively utilize existing avenues of recourse,adhere to the combination of domestic and international laws,and peacefully resolve disputes over cultural relics;Exploring the construction of a good model for tracing lost cultural relics,with the aim of standardizing China’s current cultural relic trading and tracing activities,and providing theoretical reference for the protection and tracing of overseas lost cultural relics in various countries.