Li Shengneng represented
Representative Guan Xu
Representative Zhong Min
Zuo Xiangyun represents
Recently, the State Administration of Cultural Heritage successfully recovered the stolen and lost Western Zhou Feng Xing Shuwei from the United States. On January 28, the cultural relics arrived safely in Beijing under a special escort, ending their 40-year overseas wandering. As an important result of cultural exchanges between China and the United States, the return of Feng Xing Shuwei has set an example for global cooperation in cultural heritage protection.
These Chinese cultural relics lost overseas carry the historical feelings and cultural memories of the Chinese people, and are an inseparable part of China's cultural heritage. But the long way home is a testament to the need for all parties to work together. In an interview with reporters, a number of deputies to the National People's Congress suggested that the procuratorial organs give full play to the role of the International Federation of Prosecutors, strengthen the crackdown on crimes such as obstructing the management of cultural relics, and explore the development of public interest litigation for the recovery and return of lost cultural relics, so that more national treasures wandering abroad can "go home" as soon as possible.
Carry out cross-border cooperation to recover lost cultural relics
With the enhancement of China's comprehensive strength and the unprecedented increase in the importance of cultural heritage protection at the national level, China has achieved remarkable results in combating illegal trafficking of cultural relics and the recovery and return of lost cultural relics, which have attracted wide attention. ”Li Sheng, deputy to the National People's Congress, director of the Shenyang Cultural Museum Center in Liaoning Province and director of the exhibition hall of Zhang Xueliang's former residence, and vice chairman (part-time) of the Shenyang Federation of Social SciencesYessaid in an interview with reporters.
Deputy Li Shengneng introduced that China attaches great importance to the recovery and return of lost cultural relics, actively participates, promotes and leads relevant international governance, and joined the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property in 1989. Since the 18th National Congress of the Communist Party of China, the State Administration of Cultural Heritage has facilitated the return of more than 1,800 pieces (sets) of cultural relics and artworks to the motherland through international law enforcement cooperation, international civil litigation, diplomatic negotiations, and negotiated donations, stimulating public patriotic enthusiasm and strengthening cultural self-confidence.
On May 9, 2023, Huang Ping, the Consul General of the People's Republic of China in New York, received two sarcophagus beds carved with Zoroastrian motifs from the Northern Dynasties to the Sui and Tang dynasties at the return ceremony of China's lost cultural relics held at the Manhattan District Attorney's Office in New York. It is worth noting that the subject of the return is the Manhattan District Attorney's Office, which is a member of the International Federation of Prosecutors.
Qiu Jinghui, deputy director of the Eighth Procuratorate of the Supreme People's Procuratorate, told reporters that the International Federation of Prosecutors is a non-political and non-official organization. On September 11, 2017, in a congratulatory letter to the 22nd Annual Congress and General Assembly of the International Association of Prosecutors, the President of ** pointed out: "Prosecutors, as representatives of the public interest, have an important responsibility. "China's procuratorial organs are the state's legal supervision organs, which are responsible for punishing and preventing crimes, supervising litigation activities, and are an important force in protecting national interests and social public interests. ”
Through the International Federation of Prosecutors, Chinese procuratorial organs may carry out judicial cooperation in the recovery and return of lost cultural relics among group members in relevant countries. ”Guan Xu, deputy to the National People's Congress, member of the Party Committee of the News Center of Liaoning Radio and Television Station, and director of the Broadcasting and Hosting Management DepartmentSuggestion.
Crack down on crimes that impede the management of cultural relics
In 2019, UNESCO designated 14 November as the International Day against Illicit Trafficking in Cultural Property. On November 14, 2023, the 2023 International Day against Illicit Trafficking of Cultural Property, hosted by the State Administration of Cultural Heritage, was held in Beijing.
The Supreme People's Procuratorate is studying and exploring how to give full play to the role of the International Federation of Prosecutors, develop and apply data supervision models, use criminal cases such as obstruction of the management of cultural relics to strengthen the recovery of cultural relics, and use individual cases as a breakthrough to explore foreign-related civil public interest litigation for the recovery of lost cultural relics. Qiu Jinghui said.
I have learned that in recent years, the procuratorial organs have handled a number of cases of illegal trafficking of cultural relics, including the illegal trafficking of cultural relics in the name of legal auction to cover up illegal **, and the illegal trafficking of cultural relics in the name of protection and inheritance, which eventually led to the loss of cultural relics. ”Zhong Min, deputy to the National People's Congress and director of the Management Office of the Memorial Park of the Red Army Long March in Yudu, Jiangxi ProvinceHe said that the relevant typical cases warn us that we must strengthen the supervision of the cultural relics auction industry to prevent irreparable losses.
Zuo Xiangyun, a deputy to the National People's Congress and a villager of Shenshan Village, Maoping Town, Jinggangshan City, Jiangxi ProvinceIt is believed that, from a practical point of view, the procuratorial organs, the public security organs, and the administrative law enforcement organs for cultural relics have severely punished the illegal and criminal acts of reselling cultural relics by "legal" means of auctioning cultural relics by fraudulently obtaining auction permits by altering cultural relics, revealing that there are loopholes in the auction industry that are easily exploited by illegal trafficking of cultural relics.
In this regard, deputies Zhong Min and Zuo Xiangyun suggested that on the one hand, it is necessary to promote the revision of relevant laws and regulations, and further improve the relevant regulations on punishing illegal trafficking of cultural relics and recovering and returning lost cultural relics; On the other hand, it is necessary to put forward China's suggestions on the formulation and revision of relevant international rules.
Research and exploration
Public interest litigation for the recovery and return of lost cultural relics
**The general secretary pointed out that the foreign-related legal system is an important part of the country's legal system and the foundation of the foreign-related rule of law. It is suggested that the special legislation on procuratorial public interest litigation that is speeding up the development of foreign procuratorial public interest litigation should make clear provisions on foreign-related procuratorial public interest litigation, and strengthen the legal basis for civil public interest litigation for the recovery and return of lost cultural relics. Representative Li Shengneng said.
This year's work report mentions that the systematic protection and rational use of cultural relics should be strengthened. The "Key Points of the Work of the State Administration of Cultural Heritage in 2024" clearly states that the recovery and return of lost cultural relics will be strengthened. In China, the procuratorate, as a representative of the public interest, may cooperate with the cultural relics protection department to explore initiating civil public interest litigation against the holders of the lost cultural relics, and advocate the return of the lost cultural relics. Deputy Zuo Xiangyun said.
*:Procuratorate** Special Issue on the Rule of Law of China's Two Sessions Author: Liu Ya, Gao Mingyan, Liu Chenghong).