Chapter 1495 Legal Principles
Unfortunately, China has not yet joined these two conventions, so it is very difficult to recover cultural relics internationally.
Even if they join, these two conventions are actually just two documents under UNESCO. They are just a big framework, and there are many complicated legal problems underneath.
Many people who do not understand the legal framework believe that cultural relics flowing out of China should be returned to the motherland. This can only be said to be a beautiful vision, but in practice, it is almost impossible.
First of all, the treaty only binds the contracting states, and countries other than the contracting states are not bound by the treaty; secondly, the private law rules of various countries usually give the possessors of cultural relics the right to obtain in good faith and to defend against statute of limitations. For cultural relics, it is difficult to protect the rights and interests of the original owners; the third is the difficulty of proof. The complainant needs to prove that the outflow of cultural relics is "illegal possession" in the legal sense.
Take the 1970 Convention, for example. It only stipulates that contracting states return stolen cultural relics from public institutions. However, for stolen cultural relics from non-public institutions, the convention stipulates that contracting parties should determine whether to accept stolen cultural relics based on domestic legal provisions. Action for restitution.
Therefore, judicial relief for such cultural relics actually depends on the domestic law of the contracting state.
For example, most of the Chinese cultural relics stolen by the Eight-Power Allied Forces came from the Forbidden City and the Old Summer Palace. According to the framework of the 1970 Convention, whether these two places were "public institutions" or "non-public institutions" at the time was a matter of course. Hard to define.
Secondly, even if it is deemed as a "stolen collection from a public institution", it is only applicable to British law. China has to appeal to the British court to claim it back, and the final decision must be made by a British judge. .
To put it bluntly, the two currently legally binding international conventions on the protection and recourse of cultural relics cannot have any impact on the Chinese cultural relics, Egyptian cultural relics, and Iraqi cultural relics in the British Museum. The stolen party’s rights and interests are bound!
Therefore, if you want to recover those lost cultural relics through legal means, it is called seeking fish by chance.
"So there's nothing we can do about it, right?" When Zhou Zhi, Lin Wanqiu, and Li Laosan were discussing this matter, they were so angry that they even cursed.
"Divide objects into objects!" Li Laosan was somewhat dissatisfied with Zhou Zhi's attitude: "We are all adults, so don't look at the problem from the perspective of a child. It's useless to just make trouble, let alone It's probably a matter of finding a way."
"In fact, it is beneficial to join these two conventions," Lin Wanqiu said, "I have decided to make this happen. This was proposed as a motion at the meeting. "
I almost forgot that this person is still a national representative and is qualified to propose: "Even if we can't recover what was lost in the past, we can still save the future. In the event of an incident like the theft of the Qu Yuan Memorial Hall, effective recourse can be carried out within the framework of the convention.”
"There are other ways." Li Laosan is familiar with international rules: "That is a bilateral mutual agreement, which is also legally binding."
"What do you mean?"
"It is the national "Cooperation with other countries," Li Laosan explained: "You don't necessarily have to rely on the United Nations. For example, between China and Japan, between China and the United States, and between China and the United Kingdom, you can sign a document. "Yes, it is absolutely possible to sign an agreement to prevent theft, illegal excavation and illegal import and export of cultural relics between the two countries. The two parties have agreed on diplomatic negotiations, international law enforcement cooperation, Lin Wanqiu was inspired by a series of working models on cultural relics recovery, including civil litigation, negotiation, donation, commercial repurchase, and third-party mediation. , simply put down the coffee cup, pulled up a document on his notebook, and started typing: "There is also a cross-border circulation management mechanism for cultural relics that also needs to be restrained. Regarding the exemption of cultural relics during cross-border loan exhibitions or cooperative research, the issue should be Fully consider the ownership of the cultural relics by the country of origin of the cultural relics, and based on this extension, the state does not grant immunity to stolen or illegally exported cultural relics. Rights."
"This is good. Not only transactions, but also non-trading transfers should also be taken into consideration." Zhou Zhi admired Lin Wanqiu's clear thinking: "We cannot communicate, cooperate and be civilized in the name of cultural heritage. Under the guise of exchanges and mutual learning, illegal export and circulation are carried out. "Actually, I think there is something more that can be added," Li Laosan said.
“What?”
“I’m talking from the perspective of the original meaning of law.” Li Laosan said: “The law has an important meaning, which is to promote social value goals. Realization. ”
“It must be able to promote society’s pursuit of specific value goals, such as equality, such as Justice, such as public welfare. "
"In this sense, even if it is difficult to describe the loss process through evidence, the original crime cannot be found for those cultural relics that were looted overseas during the war. Molecule, but for those cultural relics, there is no doubt about the ‘illegality’ of their origin.”
"From this perspective, even if the cultural relics were stolen and illegally exported before the Convention came into effect, our country should still retain the right to take them back. We should also unite with many victimized countries to regard the 'legitimacy' of the source of cultural relics as the ownership of lost cultural relics. Standards should be analyzed from this perspective and strive to make them a consensus of the international community. "
"Because interpreting it from the original meaning of the law is an important measure to maintain social justice," Li Laosan said: "This is The source of the huge wealth is unknown, which is also a crime. "
"Wonderful!" Zhou Zhi sneered at Li Laosan's shallow cultural knowledge during this trip, thinking that he was a standard nine-league fish, but now he is. Can't help but Amazed: "If we look at it from this perspective, we can at least retain the right of recourse for those cultural relics that were lost before joining the convention, right?"
"Okay! I will also add this." Lin Wanqiu also nodded. Express approval.
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There is no banquet that lasts forever. When the ship arrived in Yuzhou, it was time to part ways again.
Although the three girls were studying in Shanghai at the mouth of the Yangtze River, they still had to come back and take the bus. For no other reason than Yuzhou, it was best to buy sleeper tickets.
There are more and more people doing business now. When Zhou Zhi went to get tickets, he found that the office was overcrowded, all of them were doing business.
As everyone returns to school, director Jiang Chunlian is extremely busy, but he still asks Zhou Zhi why Fang Wenyu didn't come.
Fang Wenyu originally studied in Yuzhou, and often came here to play on weekends when he had nothing to do. Fang’s parents sent things to their children, and now they mainly ask someone to bring them directly to the office, and then call Fang Wenyu. Ask him to come and get it himself.
Nowadays, although the postal service also has the function of delivering express, it is too expensive based on weight and distance. Asking someone to bring the package to the office is almost the same as the Jiachuan children who are studying in Sichuan and Chongqing. The only way to receive express delivery from home by chance.
Jiang Chunlian certainly remembered a handsome guy like Fang Wenyu who was good at learning, but there was no reason to ask about him in particular.
(End of this chapter)