摘要
Facing the dilemma on the recourse for Chinese cultural relics pillaged overseas, China shall get a clear understanding of the international legal situation, strengthen international communication and promote international compromise. Based on this foundation, China shah take rational, beneficial and moderate legal actions to uphold and protect national rights. The recourse on the ground of international custom has been deemed as a failure by the view of the majority; the recourse in a foreign court will almost certainly encounter numerous obstacles in law that are very difficult to deal with, and the recourse in a national court will not only achieve the expected goals but also raise considerable disadvantages. If China hopes to retrieve the pillaged cultural relics by means of international treaty, it is necessary for China to conclude special agreements with relative states. The latter shah exercise best efforts to recover the cultural relics and return them to China at the expense of Chinese tax payers.
Facing the dilemma on the recourse for Chinese cultural relics pillaged overseas, China shall get a clear understanding of the international legal situation, strengthen international communication and promote international compromise. Based on this foundation, China shah take rational, beneficial and moderate legal actions to uphold and protect national rights. The recourse on the ground of international custom has been deemed as a failure by the view of the majority; the recourse in a foreign court will almost certainly encounter numerous obstacles in law that are very difficult to deal with, and the recourse in a national court will not only achieve the expected goals but also raise considerable disadvantages. If China hopes to retrieve the pillaged cultural relics by means of international treaty, it is necessary for China to conclude special agreements with relative states. The latter shah exercise best efforts to recover the cultural relics and return them to China at the expense of Chinese tax payers.
