地下文物权属问题探究-法律(法学)专业论文.docx

重庆大学硕士学位 重庆大学硕士学位论文 英文摘要 PAGE PAGE IV ABSTRACT With the gradual development of the policy of reform and opening up to the outside world, the contradiction between economic construction and cultural relics protection becomes increasingly severe, placing cultural relics protection with unprecedented challenge. The Law of the Peoples Republic of China on Protection of Cultural Relics, established in the times of command economy and revised in 2002 and 2007 respectively by the Standing Committee of the National People’s Congress, cannot accommodate with the needs of market economy. The latest version of the Law of the Peoples Republic of China on Protection of Cultural Relics (hereinafter as the Law on Protection of Cultural Relics) came into effect on 29th December, 2007. Compared with the previous version, the latest Law on Protection of Cultural Relics incorporated some innovative ideas. However, it pays more attention to how to manage cultural relics and ignores the problem of the ownership of cultural relics. Law experts tends to research on how to strengthen the management of cultural relics, few of them conduct their studies from the perspective of ownership of cultural relics. Thus, academic scholars have not recognized this problem either. The author thinks that problems like rigidity and so forth still exist in the stipulations on the ownership of underground cultural relics and private ownership of cultural relics, though the law has been revised twice. In view of this, this thesis attempt to make a thorough analysis of the ownership cognizance in the Law on Protection of Cultural Relics by incorporating General Principles of the Civil Law and Property Law with the purpose of finding the potential problems, and finally bring forward some suggestions on how to perfect the Law on Protection of Cultural Relics. In addition to the conclusion, this thesis consists of four parts. The first part is an introduction, introduces the background and significance, rese