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On January 10, 2009, China’s special fund of rescuing cultural relics lost overseas, Tang Honglu tablet research institute and cultural heritage law research institute of Renmin University law school jointly held “legal theory seminar to rescue cultural relics lost overseas” in Beijing Friendship Hotel. Nearly 20 representatives from universities, social organizations and legal professions carried on the thorough discussions about the question how to rescue cultural relics lost overseas in the legal way. Reporters from Cultural Relic Newspaper, Hong Kong Wenhui Daily, Beijing News, Beijing Evening News etc. attended the meeting.
The first statement was “the legal significance of rescuing cultural relics lost overseas” by Professor Wang Yunxia from Renmin University Law school. Professor Wang believe that it law involvement is very essential to the question on rescuing cultural relics lost overseas, because that question is in itself a legal matter. She pointed out that after China’s joining in related international conventions, China could advocate its own rights on cultural relics overseas according to the conventions, but for the age-old ones, China should need diplomatic way as well as the help of social organizations from various countries to solve the problem of returning.
He Shuzhong, deputy director of National Cultural relic Bureau Policies and regulations Department, which is also a visiting fellow of cultural heritage law research institute of Renmin University law school, introduced some successful cases about advocating return of cultural relics lost overseas. Then he analyzed some legal problems in this field, and indicated that he hope more law practitioners could participate in rescuing cultural relics lost overseas.
Peng Lei, a PhD candidate of Renmin University of China Law School, expressed her own viewpoint on the topic “situations and solutions of China’s cultural relics outflow in history”. She believed that we should classify cultural relics first, and then seek for legal basis according to the related situations or seek for helps from related international organizations. She also proposed suggestions to prevent cultural relics from loss: China has necessity to establish a cultural relic’s lost database, and pay attention to take care of the corresponding legal evidences, which are for the aim of dealing with the legal matters which maybe appear in the future.
Huang Shuqing, a PhD candidate of Renmin University of China Law School, made a statement on “legal mechanism of cultural relics overseas return”. He thought there are mainly two legal mechanisms: non-litigation mechanism and litigation mechanism, the former is to realize mainly by the way of negotiations between nations and International organizations cooperation, this is a easy method to make positive progress; the latter will encounter difficulties in the fields of obtaining with good faith, lifeperiod and so on, that needs us make corresponding judgment according to the specific cases.
Attorney Liu Yang introduced the situations in legal practice. He thought that it is feasible to make lawsuit to rescue cultural relics lost overseas, he believed that UNIDROIT’s convention (1995) provide a favorable basis for pursuing cultural relics. Other representatives also carried on the warm discussion on bronze rat head and rabbit head sculptures’ return to The Old Summer Palace.
Afterward, Han Shuying, the honorary president of Tang Honglu tablet research institute, pointed out that the participation of legal practitioners has the important meaning to rescue cultural relics lost overseas. He also introduced the current situation of Tang Honglu tablet as well as its plundered history. He thought that China should act based on the spirit of international conventions and the principle of mutual understanding, if with the aim of impelling cultural exchange between China and Japan, it is beneficial to urge Japan to return Tang Honglu tablet initiatively.
Moreover, Wang Weiming and Zhang Yongnian, the vice presidents of Tang Honglu tablet research institute, also expressed their opinions. This seminar is very successful. Representatives in attendance all stated their views. They recognized this seminar is very meaningful and of necessity, it boarded horizon to recover cultural relics lost overseas. It is very necessary to strengthen cooperation in various aspects . |
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