操控或规避:文物“有偿捐赠”乱象探析

Manipulation or Evasion:the Analysis of the Confusion of“the Paid Donation”of Cultural Relics

文物捐赠是以特定历史文物为标的出于公益目的的赠与,目前我国私人文物捐赠行为中却出现了与公益捐赠法律性质相违背的"有偿捐赠"的乱象。从表层上看,这种乱象似乎仅与文物捐赠双方法治观念的薄弱有关。但深入分析可以发现其中的吊诡之处:文物捐赠乱象实际上是捐赠双方有意利用自身法治观念薄弱的镜像,借助文物法规过于原则化之不足,从而操控或规避法规并使其符合各自主观价值判断的结果。

Cultural relic donation takes specific historical relics as the subjects for the purpose of public interests. At present, the confusion of ＂ the paid donation＂ occurs in the personal cultural relic donation and goes against the legal nature of public beneficial donation. The confusion is seemingly related to the weak legal concept of both donation parties, but through deep analysis, its paradox can be found that in fact, the confusion of cultural relic donation mirrors the donation parties＇ conscious utilization of their own weak legal concept and that they take advantage of the defect of too principled cultural relic regulations so as to manipulate or evade the regulations and to make them conform to their respective subjective value judgments.