Surging News (www.thepaper.CN) on October 17, scoop, Bai Yang Tian Zhen Wanli village, linxiang in Hunan Pan Xinming reflects 25 years ago, his father Pan Zehuang being reported "reselling cultural relics", more than 100 pieces of the collection held by the linxiang Public Security Bureau. Wang Yuliang, Deputy Director in charge of this matter the Council responded that when police did not initiate an investigation on the matter, Museum of linxiang seized items are transferred in the same year, are no longer returned to the individual.
Raised concerns after the report was published, some netizens questioned "why not party to initiate an investigation if suspected of reselling cultural relics? "," Do not have a collection? "。
At this point, Member of national cultural relics Bureau, the Shanghai Museum researcher Xu Yongxiang, Zhou Litai lawyer Zhou Litai, a lawyer in Chongqing Chongqing and Western lawyer Hou Liang, surging to the press expressed their views.
Views: deprivation of rights of private collection items of law enforcement
Zhou Litai surging told news, back the cause conflict, should be "reselling cultural relics" this fact is not clear. He said that after the police received a report, first make sure Pan Zehuang collections "are cultural relics", it is not the police and museums in charge, identified professional organizations should be invited and, secondly, to investigate whether the country of origin legally.
Linxiang Public Security Bureau Deputy Director Wang Yuliang on October 17 at that time "does not investigate" response to surging News says, "there was no (investigation), he certainly exists to resell, but does not set up, not be further pursued. "
In this regard, Zhou Li really think, linxiang year police investigation confirmed the facts before they seized in full from other collections, is a violation of procedure for handling.
Xu Yongxiang suggested, speculation crimes (including reselling cultural relics), cancelled in the late 90 's, police on suspicion of scalping, linxiang arrest Pan Zehuang personal items of cultural relics, there is no legal basis. According to the law, private collection of all legitimate sources of heritage, then, need to investigate is whether Pan Zehuang collection of source of illegal antiquities, local police seized other items if not investigations, are denied the right items in private collections, the Department of law enforcement. Breaking News
Hou Liang from the application of the criminal law analysis, 1990, 1979 version of the code of criminal procedure law shall be applicable. According to the method fifth section "seized evidence, and documentary" of related provides, in inspection, and search in the found of available to proved accused guilty or innocence of various items and file, should seized; and case has nothing to do of items, and file, shall not seized; for seized of items, and file, and mail, and telegraph, by identified does and case has nothing to do of, should quickly returned origin or original posts and telecommunications organ.
Therefore, Hou Liang believes that even Pan Zehuang linxiang when the police investigation, has nothing to do with the case articles should be quickly returned to their original owners.
View b: sources of civil law legal heritage collection
Pan Xinming said that the items his father was almost more than 20 years ago, sugar cakes in local villages and villagers in Exchange for. He said: "we had no money at that time, my father is a farmer, did not know which items are artifacts, just because you enjoy collections at home. "
Linxiang Public Security Bureau Deputy Director Wang Yuliang, a jade brush pot in the seized items were included in the national heritage preservation, museums had previously told police that seized items not suitable for personal collection, has been vested in the Museum.
Xu Yongxiang told the word news, cultural relics, State administration of cultural heritage on a definition of something in the past, broad scope, so far, no clear definition. According to the current legal regulations, private law collections all legitimate sources of goods, even Pan Zehuang jade brush pot is the national heritage preservation, or from private collections. Therefore, as long as legal, Pan Zehuang collections that belong to the personal items.
Zhou Litai and Hou Liang said, citizens may, in accordance with the collection artifacts have a legitimate source. In accordance with the relevant provisions of the law on cultural relics protection, heritage collection units other than the citizens, legal persons and other organizations can be made through collection of artifacts: inherited according to law or accept the donation, purchased from antique shops from operating the auction of cultural relics auction companies to buy; individual legal heritage of all exchanged or transferred in accordance with law; state-mandated by other lawful means. Heritage collection units other than the citizens, legal persons and other organized collections of cultural relics in the preceding paragraph shall flow.
In addition, Xu Yongxiang said that cultural relics in private collections can be transferred, auctioned or in other ways to others. Linxiang city, museums should not receive that year local police illegal seizure of personal belongings, museums receive program must be complete.
Museum of linxiang surging News October 16, 17th, made several phone calls this morning were unanswered. 17th, surging a duty officer told the news of the Museum, Museum is aware of these events are currently being informed, do not know why.
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