From February 23 to 25 this year, Christie's, the world auction giant, will auction the mouse head and rabbit head of Yuanmingyuan 12 animal head that have been lost overseas for many years. The valuation is as high as 200 million yuan.
For this news, both the national cultural relics department and the general public have never stopped opposing the auction, but Christie's attitude has never changed.
In the bronze statue of animal heads in Yuanmingyuan 12 Zodiac, there are five returning animal heads: cow, monkey, tiger, pig and horse. There are also five bronze statues of dragons, snakes, sheep, chickens and dogs whose whereabouts are unknown. Rat head and rabbit head may be the last two to appear in public.
Not long ago, more than 80 lawyers in China spontaneously set up a group of lawyers, preparing to fight a transnational lawsuit, suing the holders of two cultural relics and Christie's auction house, stopping the auction and pursuing the national treasure. This is the first time that such a large-scale lawyer group has prepared a transnational lawsuit. Can the lawyers recover the national treasure? What kind of problems will they face?
Lawyer group: So.
65438+ 10 On June 7th, 65438, a volunteer group of lawyers composed of 67 lawyers from China held a press conference in Beijing, saying that after learning that the rat heads and rabbit heads of Yuanmingyuan would be auctioned by Christie's, they had been prepared to stop the auction through legal channels.
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 20 provinces, municipalities and autonomous regions in China, and some of them have studied in France, majoring in French cultural relics protection.
A French overseas Chinese knew that a lawyer in China was going to sue, so he called Liu Yang and said, "By doing this, you have added a little light to our China people's faces.". Otherwise, people will sell, and if you continue moral persuasion, people will still sell. We will keep silent from now on. It's cowardly to do so, so 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 have an interest in the facts.
The most qualified plaintiff is the Yuanmingyuan Management Office.
The relevant 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, cultural relics are now in private hands, and cultural relics were not robbed by this person. What is the possibility of letting him pay them back for free? " Li Xingfeng, one of the founders of the lawyers' group, said that the lawyers certainly hope that Yuanmingyuan can participate in the recourse action. "We have communicated with the Yuanmingyuan Management Office several times, and they said that they were unwilling to come forward and did not participate."
The lawyers' team turned their attention to the China Special Foundation for Saving Lost Overseas Cultural Relics, which is an officially registered non-governmental organization dedicated to saving overseas cultural relics. It was established on June 5438+ 10/8, 2002, the anniversary of the burning of Yuanmingyuan. Niu Xianfeng, Deputy Director-General, knew Liu Yang before, but the China Special Foundation for Saving Lost Overseas Cultural Relics was unwilling to be the plaintiff.
Does Niu Xianfeng think that if he goes to France to go to court, is he familiar with the procedure of legal proceedings? Are there any loopholes in the materials we have prepared and the relevant legal basis? Legal litigation is a very rigorous work. If we are not prepared enough, once the lawsuit is not won, the road has actually been blocked in realizing the return of the mouse head and rabbit head in Yuanmingyuan.
At present, the China Special Fund for Saving Lost Overseas Cultural Relics is in favor of non-litigation recovery through diplomatic channels besides repurchase and return.
The turning point occurred on June 25th, 65438, when Mr. Aisin Gioro Judi, an enterprise legal person registered in Hong Kong and the president of the global Aisin Gioro clan association, 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 animal head of Yuanmingyuan should be regarded as the property of their family at that time.
Liu Yang believes 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: legal fees paid in advance
The plaintiff was found, but another problem was placed in front of the lawyers' group: prepaid lawyer's fees.
In the lawsuit, lawyers can pay no fees, even their own airline tickets, but in the lawsuit in France, the court has to charge foreigners a certain amount of lawyer's fees in advance.
According to lawyer Liu Yang's analysis, according to the value of our dispute of 200 million yuan, the legal fee is about 400,000 yuan. Moreover, if there is a good litigation result, such as the return of the judgment and some compensation to the other party, the cost is about several million, and my lawyers may not be able to get it back.
Aisingiorro said that they are very old and financially strapped, and they are unable to pay the litigation fees.
During the Spring Festival, Liu Yang crustily skin of head to find some friends, but no one is willing to pay for such a large amount.
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 400,000 yuan to support the recourse activities.
Lawyer group: submit a lawyer's letter.
Everything is ready except the east wind.
On February 9th, 8 1 lawyers' team submitted a lawyer's letter and statement to Christie's and related parties.
The lawyer's letter said that the rat head and rabbit head were plundered by foreigners from China. If Christie's agents auction these two cultural relics, their behavior is equivalent to selling stolen goods.
The lawyers' team also sent lawyers' letters to the owners of the rat head and the rabbit head, solemnly stating that these two animal heads belong to China, and the people of China will take all necessary measures to recover them.