Demolition workers in 2009 in the ancestral home of Wang's six siblings found a large number of ancient coins.朱鼎,new balance enfant;兆 photo
April 19, 2010, Huaian public Wang's six siblings when ancestral home demolition order from underground dug ownership of tens of thousands of copper, and Huai'an City Museum playing a lawsuit. September 19 this year, which is from the province's first private museum to recover ownership of underground cultural relics through legal cases finally preliminary results. After a year of careful trial, Huai'an City Qinghe District court verdict: defendant Huai'an City Museum within three days after the entry into force of the decision to return the plaintiff Wang's six siblings Numismatic two boxes. However, this was not the case settled,golden goose sneakers, the city museum now has Huai'an City Intermediate Court filed an appeal.
This case in the end is how is it Why would the Court of First Instance made the ruling Underground cultural relics owned by the principles of national, in the end Can we have a special case Reporters around a series of questions in an interview.
Correspondent & nbsp; Wang &,chaussures louboutin; nbsp; the reporter & nbsp; Zhu Dingzhao
Cases playback
Ancestral home demolition dug large number of ancient coins
Six siblings sued the City Museum would like to recover coins
Wang Bingcheng, Wang Bingzheng, Wangbing Ren,deportivas nike, Wang Weidong, Wang Weiguo, Wangbing Hui grandparents and other siblings six people live in urban areas Huai'an original Österlånggatan No. 306 houses. In April 2007, after the land was included in the scope of the demolition,giuseppe zanotti sneakers, the demolition project had Wang Shi Xiongmei department and the local neighborhood reflect its homestead there is a number of ancient coins buried grandfather. During the demolition, Wang Shi Xiongmei and demolition compensation and resettlement department did not reach agreement.
The evening of September 2009 when 27 staff to do the demolition and 汪秉仁 wife to discuss matters related to the demolition of other locations, ancestral home was demolished relevant units. October 13, 2009, Wang Jiazu house demolition workers found ancient coins buried in the ground,rayban, picking up and loot the public scene, the remaining Numismatic be sent City Museum digging, cleaning, collection (newspaper October 16, 2009 had as reported). It was excavated ancient copper coins as mechanisms for coin during the late Qing Dynasty to the Republic of China. Commissioned by the Jiangsu Provincial Cultural Relics Bureau in Huaian City Cultural Relics Bureau identified, these coins belong to the general movable cultural relics, has a certain historical and cultural value.
After the media reported the matter, Wang's six siblings to Huai'an City Museum to ask these ancient coins, he was rejected. April 2010,survètement adidas, Wang's six brothers and sisters will City Museum court.
Court battle
Dug coins owned by the state or owned by individuals
Coins court verdict should be returned to the museum
● Plaintiff: coins grandfather is buried in his family take refuge during the war, as well as the relevant witnesses
,louboutin pas cher;
● Defendant: Numismatic could not confirm who is buried underground cultural relics should belong to the state
When the first instance court, the plaintiff Wang Shi Xiongmei said that during the war, when the Japanese invasion of Huaiyin city,ceinture ferragamo, grandfather led the family fled their village, and told an employee to a considerable number of home, inconvenient to carry coins buried in the house. When the grandfather returned to the plaintiff Huaiyin city employee has unaccounted coins buried where it became a mystery. They also provide the relevant witnesses and the demolition unit, written proof of the neighborhood.
Huai'an City Museum defendant's attorney argued that the evidence provided by the plaintiff could not be confirmed by Jia ancient coins is buried. These relics unearthed in the process of discovery and description of coins had not been anyone possession and control belong to cultural relics remaining underground should be owned by the state. Regardless of whether the plaintiff grandfather had buried the plaintiffs have lost ownership.
Courtroom, the original defendant uncompromising, both sides refused to mediate. Interestingly, both sides regard the "People's Republic of China Cultural Relics Protection Law" as an important basis. Plaintiffs' lawyers said the synthesis of existing evidence, the plaintiff is the owner of ancient coins, 祖传文 of ownership protected by law. The defense lawyers said that the plaintiff can not prove legal all coins, underground cultural relics owned by the state. & Nbsp;
September 19 this year, Huai'an Qinghe District Court of first instance verdict on the case: The defendant Huai'an City Museum within three days after the entry into force of the decision to return the plaintiff Wang Bingcheng,boutique longchamp paris, Wang Bingzheng, Wangbing Ren, Wang Weidong, Wang Weiguo, 汪秉惠 two boxes of ancient coins. Court costs 2300 yuan,sito ufficiale adidas, the municipal museum burden. In the meantime, the case is reported to specifically study the High Court of Jiangsu Province.
All sound
Judge
"Not one-sided understanding of 'all artifacts owned by the state.'"
Is the province's first private underground cultural relics to the museum recovered
"People's Republic of China Cultural Relics Protection Law" stipulates that "underground territory of People's Republic of China,peuterey roma, all relics internal waters and territorial sea remains owned by the state." But in this case, the underground relics unearthed ancient coins but eventually was sentenced to the Wang Shi Xiongmei, which is why
The case Presiding Judge, Qinghe District Court Huaian main 任黄波 Political Department, told reporters that this case has no precedent in the province, therefore, when they heard quite cautious. Huang Bo said that the reason the first instance verdict against the museum, there are three main reasons. First, according to the available evidence, the judge is convinced that the batch of ancient coins Wang Jiazu generation should be left behind. Judging from the position, the batch of ancient coins Department Jia Homestead dug from nearby, while 汪家祖 generation that is living in the area, ruled out the possibility of other people living here to be buried; secondly, Wang Shi Xiongmei on several occasions to the relevant Homestead unit reflects the fact that under its ancient coins buried; and finally, after the site of ancient coins unearthed, only Jia came forward to claim their rights, nearby residents or other people do not come forward to claim their rights.
"This case, requires a combination of subjective and objective aspects of the evidence, not one-sided understanding of 'cultural property of all countries'." Huang Bo said, although all relics "Heritage Act" provisions of underground Chinese territory, internal waters and territorial sea remains belong to the state, "but there is a premise, the main cultural relics must be free." According to the Supreme Court "on the implementation of <People's Republic of China Civil Law> Opinions on Some Issues (Trial)" Article 93 stipulates that citizens, legal persons for digging, found objects buried or concealed object if it can prove that it belongs to all, and according to existing laws, policies and can be attributed to their all and should be protected. "People's Republic of China Cultural Relics Protection Law" Article VI are collectively owned and privately owned memorial buildings, ancient buildings and Zuchuan Wen thereof, ownership is protected by law, the law allows private ownership of visible artifacts. Case involved the case of ancient coins buried 汪家祖 Father,nike italia, the case of a primary artifacts, Jia descendants can legally possess. & Nbsp;
So, the case of deciding whether conservation work will have a negative impact Huang Bo believes that the verdict will not have a negative impact, "If someone claims the property of their personal heritage of all, you need to have certain conditions, to come up with sufficient evidence." In this case, the evidence cited by the plaintiff Wang Shi Xiongmei in a dominant position, and can be formed chain of evidence to confirm each other, make sure the judge relics belong to Jia. "However, this kind of evidence is highly probable, in conjunction with analysis of the actual situation."
Expert
"The verdict reflects the respect for law and protection of private property."
But there is evidence that the plaintiff's lawyer, word of mouth is not full
"This case reflects the good judgment of law and respect for private property protection,talon louboutin, public authority shall be arbitrarily violate private rights." Huaiyin Normal University Law School Dean, known to edge Jiangsu Lawyer Ji Xiu Ping believes that Wang's siblings provide evidence of these coins can prove their ancestors are buried, the verdict reasoning, judgment based on very clear, without any problems. As was the currency in circulation coins allow private holdings,golden goose sneakers slide, even after becoming relics, artifacts can also belong to privately held, not without the main relics or artifacts can not be held privately. But it is worth noting that these ancient coins are not part of Wang Shi Xiongmei inheritance, but Jia descendants of the common property, which is a difference.
,hogan sito ufficiale;
Jiangsu Wei Heng Law Firm attorney Zhigang believes prove 祖传文 was not rely on word of mouth, but to have direct evidence, now the plaintiff's evidence was not sufficient.祖传文 was spread underground not find it,boutique louboutin, it is not convincing in logic. "Heritage Act" stipulates that a national underground cultural relics, relics owned by the state, the two of these coins are precisely met.
Senior law lecturer provinces OFFICIAL panel members, (law enforcement inspectors at) regulations at the Provincial Cultural Relics Bureau Director Zhang agriculture,golden goose sneakers seastar, said the significance lies not only in the case of the ownership of these coins, and more importantly, the underground cultural relics owned by the principle of national , in the end Can there are exceptions. In other words, there may not be underground cultural relics owned by the state From this perspective, no matter how the verdict,air max, the case of the legal process to promote the heritage of great value, for similar cases across the country are exemplary.
Museum
"Whose future worries on who discovered the relics"
Huai'an City Intermediate People's Court has been appealed to the First Instance ruling on
Huai'an City museum directors declined a reporter's interview request, he said, the City Museum has been filed on the first instance verdict to Huai'an City Intermediate People's Court of Appeal, and after they have been reported to the higher authorities the case circumstances.
A Heritage staff privately told reporters that the economic value of these coins is not high, but the fundamental problem is that the case involved the ownership of relics meant so much, because has been unearthed cultural relics belong to the state . "Museum may worry in the future, if someone's found in modern underground cultural relics on who should, then, the museum's artifacts have been private removed. Therefore, the museum is not the slightest room for compromise,ceinture ferragamo, the issue can only be resolved through the judicial process." . & Nbsp;
Plaintiff
"Although the award Numismatic us, but some advocates do not reach"
Not seen the sealed ancient coins, the numbers are difficult to ascertain
汪秉诚 case one of the plaintiffs in an interview with reporters, said the lawsuit going on for nearly two years, the verdict so he pleased. He said, not generally considered "underground cultural relics are the State", when they prove insufficient, "even my grandfather in 1921, proof of residence we have come here. Therefore, the verdict should be affirmed."
"Numismatic although awarded us, but there are still some ideas did not meet." Wang Bingcheng, where the biggest problem is that the verdict marked "case involved Coin Museum has begun to clean after all centrally located within the two cartons ( not filled, the box size is about 56 cm × 50 × 65 厘米 厘米 and 58 cm × 50 厘米 × 67 cm) ", the court shall be the scene of the above two cardboard boxes sealed.
"But we have not seen the family of these coins, have not seen the coin storage cartons. The site was dug up many coins, even installed a 13 pocket money with mud, we have scene photos, now only He said the two boxes. "
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April 19, 2010, Huaian public Wang's six siblings when ancestral home demolition order from underground dug ownership of tens of thousands of copper, and Huai'an City Museum playing a lawsuit. September 19 this year, which is from the province's first private museum to recover ownership of underground cultural relics through legal cases finally preliminary results. After a year of careful trial, Huai'an City Qinghe District court verdict: defendant Huai'an City Museum within three days after the entry into force of the decision to return the plaintiff Wang's six siblings Numismatic two boxes. However, this was not the case settled,golden goose sneakers, the city museum now has Huai'an City Intermediate Court filed an appeal.
This case in the end is how is it Why would the Court of First Instance made the ruling Underground cultural relics owned by the principles of national, in the end Can we have a special case Reporters around a series of questions in an interview.
Correspondent & nbsp; Wang &,chaussures louboutin; nbsp; the reporter & nbsp; Zhu Dingzhao
Cases playback
Ancestral home demolition dug large number of ancient coins
Six siblings sued the City Museum would like to recover coins
Wang Bingcheng, Wang Bingzheng, Wangbing Ren,deportivas nike, Wang Weidong, Wang Weiguo, Wangbing Hui grandparents and other siblings six people live in urban areas Huai'an original Österlånggatan No. 306 houses. In April 2007, after the land was included in the scope of the demolition,giuseppe zanotti sneakers, the demolition project had Wang Shi Xiongmei department and the local neighborhood reflect its homestead there is a number of ancient coins buried grandfather. During the demolition, Wang Shi Xiongmei and demolition compensation and resettlement department did not reach agreement.
The evening of September 2009 when 27 staff to do the demolition and 汪秉仁 wife to discuss matters related to the demolition of other locations, ancestral home was demolished relevant units. October 13, 2009, Wang Jiazu house demolition workers found ancient coins buried in the ground,rayban, picking up and loot the public scene, the remaining Numismatic be sent City Museum digging, cleaning, collection (newspaper October 16, 2009 had as reported). It was excavated ancient copper coins as mechanisms for coin during the late Qing Dynasty to the Republic of China. Commissioned by the Jiangsu Provincial Cultural Relics Bureau in Huaian City Cultural Relics Bureau identified, these coins belong to the general movable cultural relics, has a certain historical and cultural value.
After the media reported the matter, Wang's six siblings to Huai'an City Museum to ask these ancient coins, he was rejected. April 2010,survètement adidas, Wang's six brothers and sisters will City Museum court.
Court battle
Dug coins owned by the state or owned by individuals
Coins court verdict should be returned to the museum
● Plaintiff: coins grandfather is buried in his family take refuge during the war, as well as the relevant witnesses
,louboutin pas cher;
● Defendant: Numismatic could not confirm who is buried underground cultural relics should belong to the state
When the first instance court, the plaintiff Wang Shi Xiongmei said that during the war, when the Japanese invasion of Huaiyin city,ceinture ferragamo, grandfather led the family fled their village, and told an employee to a considerable number of home, inconvenient to carry coins buried in the house. When the grandfather returned to the plaintiff Huaiyin city employee has unaccounted coins buried where it became a mystery. They also provide the relevant witnesses and the demolition unit, written proof of the neighborhood.
Huai'an City Museum defendant's attorney argued that the evidence provided by the plaintiff could not be confirmed by Jia ancient coins is buried. These relics unearthed in the process of discovery and description of coins had not been anyone possession and control belong to cultural relics remaining underground should be owned by the state. Regardless of whether the plaintiff grandfather had buried the plaintiffs have lost ownership.
Courtroom, the original defendant uncompromising, both sides refused to mediate. Interestingly, both sides regard the "People's Republic of China Cultural Relics Protection Law" as an important basis. Plaintiffs' lawyers said the synthesis of existing evidence, the plaintiff is the owner of ancient coins, 祖传文 of ownership protected by law. The defense lawyers said that the plaintiff can not prove legal all coins, underground cultural relics owned by the state. & Nbsp;
September 19 this year, Huai'an Qinghe District Court of first instance verdict on the case: The defendant Huai'an City Museum within three days after the entry into force of the decision to return the plaintiff Wang Bingcheng,boutique longchamp paris, Wang Bingzheng, Wangbing Ren, Wang Weidong, Wang Weiguo, 汪秉惠 two boxes of ancient coins. Court costs 2300 yuan,sito ufficiale adidas, the municipal museum burden. In the meantime, the case is reported to specifically study the High Court of Jiangsu Province.
All sound
Judge
"Not one-sided understanding of 'all artifacts owned by the state.'"
Is the province's first private underground cultural relics to the museum recovered
"People's Republic of China Cultural Relics Protection Law" stipulates that "underground territory of People's Republic of China,peuterey roma, all relics internal waters and territorial sea remains owned by the state." But in this case, the underground relics unearthed ancient coins but eventually was sentenced to the Wang Shi Xiongmei, which is why
The case Presiding Judge, Qinghe District Court Huaian main 任黄波 Political Department, told reporters that this case has no precedent in the province, therefore, when they heard quite cautious. Huang Bo said that the reason the first instance verdict against the museum, there are three main reasons. First, according to the available evidence, the judge is convinced that the batch of ancient coins Wang Jiazu generation should be left behind. Judging from the position, the batch of ancient coins Department Jia Homestead dug from nearby, while 汪家祖 generation that is living in the area, ruled out the possibility of other people living here to be buried; secondly, Wang Shi Xiongmei on several occasions to the relevant Homestead unit reflects the fact that under its ancient coins buried; and finally, after the site of ancient coins unearthed, only Jia came forward to claim their rights, nearby residents or other people do not come forward to claim their rights.
"This case, requires a combination of subjective and objective aspects of the evidence, not one-sided understanding of 'cultural property of all countries'." Huang Bo said, although all relics "Heritage Act" provisions of underground Chinese territory, internal waters and territorial sea remains belong to the state, "but there is a premise, the main cultural relics must be free." According to the Supreme Court "on the implementation of <People's Republic of China Civil Law> Opinions on Some Issues (Trial)" Article 93 stipulates that citizens, legal persons for digging, found objects buried or concealed object if it can prove that it belongs to all, and according to existing laws, policies and can be attributed to their all and should be protected. "People's Republic of China Cultural Relics Protection Law" Article VI are collectively owned and privately owned memorial buildings, ancient buildings and Zuchuan Wen thereof, ownership is protected by law, the law allows private ownership of visible artifacts. Case involved the case of ancient coins buried 汪家祖 Father,nike italia, the case of a primary artifacts, Jia descendants can legally possess. & Nbsp;
So, the case of deciding whether conservation work will have a negative impact Huang Bo believes that the verdict will not have a negative impact, "If someone claims the property of their personal heritage of all, you need to have certain conditions, to come up with sufficient evidence." In this case, the evidence cited by the plaintiff Wang Shi Xiongmei in a dominant position, and can be formed chain of evidence to confirm each other, make sure the judge relics belong to Jia. "However, this kind of evidence is highly probable, in conjunction with analysis of the actual situation."
Expert
"The verdict reflects the respect for law and protection of private property."
But there is evidence that the plaintiff's lawyer, word of mouth is not full
"This case reflects the good judgment of law and respect for private property protection,talon louboutin, public authority shall be arbitrarily violate private rights." Huaiyin Normal University Law School Dean, known to edge Jiangsu Lawyer Ji Xiu Ping believes that Wang's siblings provide evidence of these coins can prove their ancestors are buried, the verdict reasoning, judgment based on very clear, without any problems. As was the currency in circulation coins allow private holdings,golden goose sneakers slide, even after becoming relics, artifacts can also belong to privately held, not without the main relics or artifacts can not be held privately. But it is worth noting that these ancient coins are not part of Wang Shi Xiongmei inheritance, but Jia descendants of the common property, which is a difference.
,hogan sito ufficiale;
Jiangsu Wei Heng Law Firm attorney Zhigang believes prove 祖传文 was not rely on word of mouth, but to have direct evidence, now the plaintiff's evidence was not sufficient.祖传文 was spread underground not find it,boutique louboutin, it is not convincing in logic. "Heritage Act" stipulates that a national underground cultural relics, relics owned by the state, the two of these coins are precisely met.
Senior law lecturer provinces OFFICIAL panel members, (law enforcement inspectors at) regulations at the Provincial Cultural Relics Bureau Director Zhang agriculture,golden goose sneakers seastar, said the significance lies not only in the case of the ownership of these coins, and more importantly, the underground cultural relics owned by the principle of national , in the end Can there are exceptions. In other words, there may not be underground cultural relics owned by the state From this perspective, no matter how the verdict,air max, the case of the legal process to promote the heritage of great value, for similar cases across the country are exemplary.
Museum
"Whose future worries on who discovered the relics"
Huai'an City Intermediate People's Court has been appealed to the First Instance ruling on
Huai'an City museum directors declined a reporter's interview request, he said, the City Museum has been filed on the first instance verdict to Huai'an City Intermediate People's Court of Appeal, and after they have been reported to the higher authorities the case circumstances.
A Heritage staff privately told reporters that the economic value of these coins is not high, but the fundamental problem is that the case involved the ownership of relics meant so much, because has been unearthed cultural relics belong to the state . "Museum may worry in the future, if someone's found in modern underground cultural relics on who should, then, the museum's artifacts have been private removed. Therefore, the museum is not the slightest room for compromise,ceinture ferragamo, the issue can only be resolved through the judicial process." . & Nbsp;
Plaintiff
"Although the award Numismatic us, but some advocates do not reach"
Not seen the sealed ancient coins, the numbers are difficult to ascertain
汪秉诚 case one of the plaintiffs in an interview with reporters, said the lawsuit going on for nearly two years, the verdict so he pleased. He said, not generally considered "underground cultural relics are the State", when they prove insufficient, "even my grandfather in 1921, proof of residence we have come here. Therefore, the verdict should be affirmed."
"Numismatic although awarded us, but there are still some ideas did not meet." Wang Bingcheng, where the biggest problem is that the verdict marked "case involved Coin Museum has begun to clean after all centrally located within the two cartons ( not filled, the box size is about 56 cm × 50 × 65 厘米 厘米 and 58 cm × 50 厘米 × 67 cm) ", the court shall be the scene of the above two cardboard boxes sealed.
"But we have not seen the family of these coins, have not seen the coin storage cartons. The site was dug up many coins, even installed a 13 pocket money with mud, we have scene photos, now only He said the two boxes. "
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