Pursuing the National Treasure by Law

From February 23rd to 25th this year, Christie's, the world's auction giant, will auction the head of a mouse and the head of a rabbit among the 12 animal heads of Yuanmingyuan, which have been lost overseas for many years. The valuation is as high as 2 million yuan.

For this news, both the national cultural relics department and the general public have never stopped opposing the auction, but the attitude of Christie's company has never changed.

Among the bronze statues of the animal heads of the 12 Zodiac in Yuanmingyuan, there are five heads of cattle, monkeys, tigers, pigs and horses that have returned. There are also five bronze statues of dragons, snakes, sheep, chickens and dogs whose whereabouts are unknown. The mouse head and the rabbit head may be the last two to appear in public.

Not long ago, more than 8 domestic lawyers spontaneously set up a group of lawyers. They are going to fight a transnational lawsuit, bring a lawsuit against the holders of two cultural relics and Christie's auction house, stop the auction and pursue the national treasure. This is the first time that such a large-scale lawyer group has prepared a transnational lawsuit. Can the lawyer group recover the national treasure? What kind of problems will they face?

Lawyers' Group: It was born

On January 17th, a volunteer group of 67 lawyers from China held a press conference in Beijing, saying that they had been preparing to stop the auction through legal channels after learning that the rat head and rabbit head of Yuanmingyuan would be auctioned by Christie's.

Liu Yang, the chief lawyer of the lawyers' group, said that they had drafted the indictment and made all kinds of preparations for prosecution, and the lawyers who signed up for the lawyers' group were also very enthusiastic. These lawyers come from 2 provinces, municipalities and autonomous regions in China, and some of them have studied in France, and their major is the protection of French cultural relics.

Knowing that a lawyer in China was preparing to sue, a French overseas Chinese called Liu Yang and said, By doing so, you have added a little light to our China people's faces. Otherwise, if people want to sell, you will continue to persuade them morally, but they still want to sell. We will keep silent from now on. It is too timid to do so, and we must sue.

the first problem faced by the lawyers' group after its establishment is that there is no plaintiff.

Plaintiff: Aisingiorro family

According to French law, the plaintiff needs to be interested in the facts.

The most qualified plaintiff is the Yuanmingyuan Management Office.

The person in charge of the Yuanmingyuan Management Office said that from a personal point of view, he certainly supported the actions of the lawyers' group. "But to be honest, after all, the cultural relics are now in private hands, and the cultural relics were not robbed by this person. What is the possibility of letting him return them for free?" Li Xingfeng, one of the founders of the lawyers' group, said that the lawyers' group certainly hoped that Yuanmingyuan could participate in the recourse action. "We communicated with the Yuanmingyuan management office several times, but they said they would not come forward or participate."

The lawyers set their sights on the China Special Foundation for Saving Lost Overseas Cultural Relics. This officially registered non-governmental organization dedicated to saving overseas cultural relics was established on October 18th, 22, that is, the anniversary of the burning of Yuanmingyuan. Niu Xianfeng, deputy director general, had known Liu Yang before, but the China Special Foundation for Saving Lost Overseas Cultural Relics was unwilling to be the plaintiff.

Niu Xianfeng thinks that if you go to France to go to court, do you know the procedure of legal proceedings very well? Are there loopholes in the materials we have prepared and the relevant legal basis? Legal proceedings are a very rigorous job. If we are not prepared enough, in terms of realizing the return of the mouse head and rabbit head in Yuanmingyuan, once this lawsuit is not won, this road has actually been blocked.

At present, the China Special Foundation for Saving Lost Overseas Cultural Relics is in favor of non-litigation recovery through diplomatic channels, in addition to repurchase and return.

The turning point occurred on January 25th, New Year's Eve: Mr. Aisingiorro Judy, the president of the global Aisingiorro clan association, a corporate legal person registered in Hong Kong, communicated with the lawyers' group and expressed his willingness to be the plaintiff. Aisingiorro's family is a descendant of the Qing emperor, and the head of the Yuanmingyuan animal should be regarded as their family property at that time.

Liu Yang thinks that Aisingiorro was once a royal family, and Yuanmingyuan was once a royal garden. At that time, it belonged to the royal family. According to French law, although some groups and associations have no legal relationship, they can also bring a lawsuit if they are related to the facts.

financial difficulties: prepaid legal fees

The plaintiff has been found, but another problem is before the lawyers' group: prepaid legal fees.

In a lawsuit, the lawyer can pay no fees, even the lawyer's plane ticket can be paid out of his own pocket, but in a lawsuit in France, the court has to charge a certain amount of legal fees in advance from foreigners.

according to lawyer Liu Yang's analysis, according to the value of our dispute of 2 million yuan, the legal fee is about 4, RMB, and if there is a good litigation result, such as the judgment is returned, and at the same time, some compensation should be paid to the other party, the cost will probably be several million, and my lawyer team may not be able to get it back.

Aisingiorro Judy said that they are very old and financially strapped, so they can't afford to pay for this lawsuit.

During the Spring Festival, Liu Yang crustily skin of head opened his mouth to some friends, but no one was willing to pay such a large sum.

time soon arrived in early February, when the lawyers' group was worried about the litigation costs, Shenzhen Xinda Real Estate Company called Liu Yang, the chief lawyer of the lawyers' group, and offered to contribute 4, yuan to support the recourse activities.

lawyers' group: submit a lawyer's letter

Everything is ready except Dongfeng.

on February 9th, the 81-member lawyers' team submitted a lawyer's letter and statement to Christie's and relevant parties.

The lawyer's letter states that the mouse head and rabbit head were robbed by foreigners from China. If Christie's agent auctioned these two cultural relics, their behavior is equivalent to selling stolen goods.

The lawyers' team also sent a letter to the owner of the head of the rat and the head of the rabbit, solemnly stating that these two animal heads belong to China, and China people will recover them by all necessary means.