论埃及追索海外流失文物的法律制度
发布时间：2018-08-28 14:37
【摘要】：埃及作为四大文明古国之一,历史文化悠久,文物宝藏不计其数。由于埃及政府漠视文物的价值,以及立法不完善和国家政局不稳定等原因,埃及文物长期遭到走私、盗窃和殖民掠夺,导致大量文物流失海外。主要文物出口国主张文物返还原主国,坚持文物民族主义立场;而文物进口国坚持文物国际主义立场,认为文物是全人类的共同利益,应为全人类所共享。埃及作为文物出口国之一,在追索流失海外文物中逐渐形成了自己的文物追索理念,文物首先是埃及的,其次才是世界的。埃及为更有力地追索流失文物,建立了专门的文物追索机构;同时完善了埃及文物保护制度的国内立法,国内依据主要有1983年《文物保护法》和2010年提出的《文物保护法修订案》。国际依据主要包括1954年《武装冲突情况下保护文物公约》、教科文组织1970年《关于禁止和防止非法进出口文化财产和非法转让其所有权的方法的公约》以及国际统一私法协会1995年通过的《国际统一私法协会关于被盗或者非法出口文物的公约》,1995年公约允许文物占有人,这其中包括个人,径直对公约缔约方享有管辖权的法院提出要求归还文物的请求,表明该公约主张国际社会返还因非法走私以及盗窃而得的文物。但由于国际条约的缺陷,通过涉外诉讼方式追索流失海外文物遇到许多复杂问题,因此埃及常采取非诉讼的方式要求返还文物。该文通过分析United States v. Frederick Schultz案,剖析了埃及采取海外诉讼方式追索流海外文物中所遇到的法律问题,明确埃及是本国所有文物的真正所有者;“被盗”一词在国际上普遍采取广义解释,有利于保护本国文化财产;埃及设立的专门追索流失海外文物的机构对文物追索工作发挥了重要作用。运用综合分析的方法阐释埃及追索流失海外文物的法律制度对我国追索流失文物的启示。首先应坚定“文物民族主义”的立场,其次应加强研究和完善我国追索海外流失文物的法律制度;建立流失文物信息档案库,以加强文物信息库管理;完善我国文物保护的相关法律法规;利用国际条约争取在国际上对此问题达成统一共识,即在对国际条约进行修改的同时,加强各国合作,研究追索流失文物的有效方法。
[Abstract]:Egypt, as one of the four ancient civilizations, has a long history and culture, and there are countless treasures of cultural relics. Due to the Egyptian government's disregard for the value of cultural relics, imperfect legislation and unstable political situation, Egyptian cultural relics have been smuggled, stolen and plundered for a long time, resulting in a large number of cultural relics being lost overseas. The major cultural relics exporting countries advocate the return of cultural relics to the countries of origin and adhere to the cultural relic nationalism, while the cultural relic importing countries adhere to the cultural relics internationalism position and hold that cultural relics are the common interests of all mankind and should be shared by all mankind. Egypt, as one of the cultural relics exporting countries, has gradually formed its own concept of cultural relic recovery in the process of recovering the lost cultural relics abroad. The cultural relics are first of Egypt's and second of the world's. In order to recover the lost cultural relics more effectively, Egypt has established a special institution for the recovery of cultural relics. At the same time, it has perfected the domestic legislation of Egypt's cultural relics protection system. The domestic basis mainly includes the 1983 Law of Cultural relics Protection and the 2010 Amendment of the Law on the Protection of Cultural relics. The international basis includes, inter alia, the 1954 Convention for the Protection of Cultural objects in the context of Armed conflict, the 1970 UNESCO Convention on the means of prohibiting and preventing the illicit Import, Export and transfer of ownership of Cultural property, and international law The International Institute for the Unification of Private Law Convention on stolen or illegally exported Cultural objects, adopted by Unidroit in 1995, which permits the possessor of cultural objects, These include individual requests for restitution of cultural objects directly against courts of jurisdiction of parties to the Convention, indicating that the Convention advocates the return by the international community of cultural objects obtained as a result of illicit smuggling and theft. However, due to the defects of international treaties, there are many complicated problems in pursuing the loss of overseas cultural relics by means of foreign-related litigation, so Egypt often takes non-litigation means to demand the return of cultural relics. By analyzing the United States v. Frederick Schultz case, this paper analyzes the legal problems encountered in Egypt's recourse to overseas cultural relics through overseas litigation, and clarifies that Egypt is the real owner of all cultural relics in its own country. The term "stolen" is generally interpreted broadly in the international community, which is conducive to the protection of national cultural property, and the institution specially set up in Egypt to recover cultural relics lost abroad has played an important role in the work of cultural relics recovery. This paper uses the method of comprehensive analysis to explain the enlightenment of Egypt's legal system of recovering lost overseas cultural relics to our country. Firstly, we should strengthen the stand of "cultural relic nationalism", secondly, we should strengthen the research and improve the legal system of our country to pursue the lost cultural relics abroad, and establish the archives of lost cultural relics information to strengthen the management of cultural relic information database. To perfect the relevant laws and regulations of cultural relic protection in our country, and to make use of international treaties to reach a unified consensus on this issue, that is, to strengthen the cooperation of various countries while revising the international treaties, and to study the effective method of recovering the lost cultural relics.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D941.1;DD912.1
本文编号：2209675
[Abstract]:Egypt, as one of the four ancient civilizations, has a long history and culture, and there are countless treasures of cultural relics. Due to the Egyptian government's disregard for the value of cultural relics, imperfect legislation and unstable political situation, Egyptian cultural relics have been smuggled, stolen and plundered for a long time, resulting in a large number of cultural relics being lost overseas. The major cultural relics exporting countries advocate the return of cultural relics to the countries of origin and adhere to the cultural relic nationalism, while the cultural relic importing countries adhere to the cultural relics internationalism position and hold that cultural relics are the common interests of all mankind and should be shared by all mankind. Egypt, as one of the cultural relics exporting countries, has gradually formed its own concept of cultural relic recovery in the process of recovering the lost cultural relics abroad. The cultural relics are first of Egypt's and second of the world's. In order to recover the lost cultural relics more effectively, Egypt has established a special institution for the recovery of cultural relics. At the same time, it has perfected the domestic legislation of Egypt's cultural relics protection system. The domestic basis mainly includes the 1983 Law of Cultural relics Protection and the 2010 Amendment of the Law on the Protection of Cultural relics. The international basis includes, inter alia, the 1954 Convention for the Protection of Cultural objects in the context of Armed conflict, the 1970 UNESCO Convention on the means of prohibiting and preventing the illicit Import, Export and transfer of ownership of Cultural property, and international law The International Institute for the Unification of Private Law Convention on stolen or illegally exported Cultural objects, adopted by Unidroit in 1995, which permits the possessor of cultural objects, These include individual requests for restitution of cultural objects directly against courts of jurisdiction of parties to the Convention, indicating that the Convention advocates the return by the international community of cultural objects obtained as a result of illicit smuggling and theft. However, due to the defects of international treaties, there are many complicated problems in pursuing the loss of overseas cultural relics by means of foreign-related litigation, so Egypt often takes non-litigation means to demand the return of cultural relics. By analyzing the United States v. Frederick Schultz case, this paper analyzes the legal problems encountered in Egypt's recourse to overseas cultural relics through overseas litigation, and clarifies that Egypt is the real owner of all cultural relics in its own country. The term "stolen" is generally interpreted broadly in the international community, which is conducive to the protection of national cultural property, and the institution specially set up in Egypt to recover cultural relics lost abroad has played an important role in the work of cultural relics recovery. This paper uses the method of comprehensive analysis to explain the enlightenment of Egypt's legal system of recovering lost overseas cultural relics to our country. Firstly, we should strengthen the stand of "cultural relic nationalism", secondly, we should strengthen the research and improve the legal system of our country to pursue the lost cultural relics abroad, and establish the archives of lost cultural relics information to strengthen the management of cultural relic information database. To perfect the relevant laws and regulations of cultural relic protection in our country, and to make use of international treaties to reach a unified consensus on this issue, that is, to strengthen the cooperation of various countries while revising the international treaties, and to study the effective method of recovering the lost cultural relics.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D941.1;DD912.1
【引证文献】
相关硕士学位论文 前1条
1 王莹;流失文物回归的法律问题研究[D];新疆大学;2012年
，本文编号：2209675
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