Media Comments on the American Damage of Terra Cotta Warriors: Claim Recovery Needless to Wait for Judgment

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 Media Comments on the American Damage of Terra Cotta Warriors: Claim Recovery Needless to Wait for Judgment


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Shaanxi authorities should entrust agents familiar with local judicial procedures to intervene as soon as possible, take the initiative and actively safeguard their legitimate rights and interests.

On July 8, 2019, the Shaanxi Cultural Relics Exchange Center announced that Michael Rohana, suspected of destroying and stealing the thumbs of Qin Dynasty terracotta warriors and horses, would be charged with stealing and concealing cultural heritage goods by the United States Federal Procuratorate, the Beijing News reported.

The terracotta warriors and horses of Qin Dynasty are the first-class cultural relics in the Mausoleum Museum of the First Emperor of Qin Dynasty. At the time of the incident, the cultural relic was participating in an exhibition entitled The Eternal Guard of Qinshihuang, the Terracotta Warriors and Horses based on the relevant Exhibition Agreement, but it was destroyed, stolen, concealed and owned by the 24-year-old suspect.

When the defendant committed the crime, he deliberately avoided the time of visiting and monitoring. He even boasted himself and showed off his bad behavior and arrogant attitude. The news aroused the common indignation and unanimous condemnation of people who loved ancient culture, including China and the United States. It is expected that the law can severely punish the perpetrators and return the owners of cultural relics and the cultural relics themselves with a due justice.

On April 1 this year, the Eastern District Court of Philadelphia, Pennsylvania, opened a trial on Rohanas three criminal charges (in addition to the aforementioned two plus a crime of trans-state transportation of stolen cultural relics). For a time, many people were highly concerned and eagerly awaited the arrival of justice in the law.

However, the five-day trial gave an April Fools Day-like result: because witnesses disagreed, the judge declared the prosecution null and void, and the defendant was acquitted in court.

In the eyes of the vast majority of Chinese people, this result is incredible, arousing public anger for a while. Now the federal judicial system of the United States has launched, and the suspect has become a defendant again, which gives us some consolation.

However, it must be pointed out that the American judicial system is notoriously complex, the conviction process is complex, the confirmation of witnesses, testimony and evidence is cumbersome, the defense system is very professional and pit in step. The defendant is bound to try his best to extricate himself from the crime, and his defender will not let go of any glimmer of hope that he can extricate his client from the crime. Therefore, this requires the relevant departments of China to do their best to prepare for a protracted war, and not to mention that a slight slip will lead to the end of the previous trial, repeating the same mistakes, even if winning the lawsuit is often protracted.

On June 14 this year, the State Administration of Cultural Relics has approved the application of the Qinshihuang Mausoleum Museum for the restoration of damaged cultural relics. It is urgent to claim compensation from the party responsible for the loss. If the criminal proceedings against the suspects are prolonged, the economic claims will be affected accordingly.

Although the Shaanxi Cultural Relics Exchange Center declared that it would continue to pay attention to, follow up on the progress of the case and make economic claims in the future according to the Exhibition Agreement, this is far from enough in the North American judicial system and justice will not come automatically.

In the North American judicial system, active participation in the whole process of litigation is the only way to protect their own legal interests. If one side waits quietly and the other side takes the initiative, the interest rate will be attributed to the latter. In fact, in the last trial, the relevant parties in Shaanxi have suffered this loss once. They must not make the same mistake again. They should entrust agents familiar with local judicial procedures to intervene as soon as possible and actively safeguard their legitimate rights and interests. Although the perpetrator is the defendant, the liability for compensation is first attributed to the Franklin Science Museum. I believe that the relevant departments in Shaanxi Province should not wait for the outcome of criminal proceedings without fear of face, but should directly claim from the library in accordance with the Exhibition Agreement, which will claim from the suspect in accordance with the law. It is not necessary to confuse the two parallel cases. Cultural relics belong to everyone. Only by taking the initiative, can justice and fairness be achieved. Source: Author of New Beijing News: Li Houhe (Media Person) Responsible Editor: Liu Yuxin_NBJS7825

In the North American judicial system, active participation in the whole process of litigation is the only way to protect their own legal interests. If one side waits quietly and the other side takes the initiative, the interest rate will be attributed to the latter. In fact, in the last trial, the relevant parties in Shaanxi have suffered this loss once. They must not make the same mistake again. They should entrust agents familiar with local judicial procedures to intervene as soon as possible and actively safeguard their legitimate rights and interests.

Although the perpetrator is the defendant, the liability for compensation is first attributed to the Franklin Science Museum. I believe that the relevant departments in Shaanxi Province should not wait for the outcome of criminal proceedings without fear of face, but should directly claim from the library in accordance with the Exhibition Agreement, which will claim from the suspect in accordance with the law. It is not necessary to confuse the two parallel cases. Cultural relics belong to everyone. Only by taking the initiative, can justice and fairness be achieved.