"Our own things are coming back!" Chen Moulian and her two elder brothers said in the courtroom of Qingyang District Court in Chengdu on December 14.
On December 14, the Chengdu Qingyang District People's Court held a trial of a dispute over the return of the original. In the case, many of the collections collected by Chen Ruiyuan, Chen Moulian's father, were taken away by his unit, now China Railway Second Bureau Group Co., Ltd. (hereinafter referred to as China Railway Second Bureau), and then handed over to the Sichuan Museum. Years after Chen Ruiyuan's death, his children inadvertently found their father's collection in the Sichuan Museum and sued for its return.
At the hearing on the same day, the lawyer representing the Sichuan Museum agreed with the transfer of the collection, but said that the Sichuan Museum was only a custodian and did not enjoy ownership, so they had no right to decide whether to return the collection. Moreover, the infringing unit at that time was Chen Ruiyuan's unit, and Chen Moulian and others should claim their rights from the Second Bureau of China Railway, not from the Sichuan Museum.
On the same day, the first-instance trial was held, but the verdict was not announced.
Summons for hearing
-More than 100 Collections-
The collection with his father's seal on it is on display
The negotiation failed, and the three elderly men took the museum to court
According to Chen, she was 19 years old when her father, Chen Ruiyuan, died in 1971. Before she died, her father called her to the hospital bed and instructed: "Eldest sister, you have to sort out (tidy up) our family's things......" and after her father died, due to her young age, she didn't know where to start, until more than 40 years later, a friend appeared-
One day in 2015, when a Tibetan friend of Chen Moulian's brother was viewing an exhibition at the Sichuan Museum, he accidentally saw a fan with Chen Ruiyuan's seal, "It is still the calligraphy of Yao Yuan in the Qing Dynasty." The friend informed the Chen family of the incident.
Subsequently, Chen Moulian's third brother Chen Mougao and fourth brother Chen Mouquan rushed to the scene to take photos and collect evidence, and then took the photos and found the Sichuan Museum. Chen Moulian said that the Sichuan Museum recognized that these collections belonged to Chen Ruiyuan, and successively provided two lists of collections, one is a list of 86 collections donated by Chen Ruiyuan in 1951, and the other 45 pieces are calligraphy and painting works handed over to the museum by the Second Bureau of China Railway in 1957, "These 45 pieces are printed with Chen Ruiyuan's seal." ”
A list of collections with Chen Ruiyuan's seal provided by the Sichuan Museum
Regarding the collection "donated" by his father, the Chen family repeatedly asked the Sichuan Museum to show relevant documents, but the Sichuan Museum said in a reply that "the donation letter was sent directly to the donor (Chen Ruiyuan) himself", so it could not provide it. The reporter saw that most of the collections in the list were concentrated in the Ming and Qing dynasties, including: Ming "Wanjing Colored Landscape Scroll", Qing "Huangzun Ancient Landscape Axis", Qing "Kang Youwei Xing Cursive Scroll", Qing "Gu Fuchu Landscape Scroll", modern "Zhang Daqian Imitation Tang Yin Lotus Scroll" and so on.
A young photo of Chen Ruiyuan
According to the Chen family, these collections have a certain value, and when they said that they wanted to recover the collections, "the Sichuan Museum said that the descendants of our Chen family can go to see them at any time, will be warmly received, and can also hold special exhibitions (exhibitions)", but did not agree to take them away.
Due to the failure of the negotiation, in November 2020, the Chen family brothers and sisters sued the Sichuan Museum in court, demanding the return of more than 130 pieces of the collection (in addition to the above 86 pieces and 45 pieces, the Chen family also learned about 8 pieces of the collection from other sources).
Among Chen Ruiyuan's three surviving children, the youngest is 72 years old, and the oldest is nearly 80 years old.
"The filing process was tough. Chen Mougao said that they sued in 2020 and finally succeeded in filing the case in October this year, in large part because they could not confirm the value of the collections. In order to collect evidence that his father's collection was taken away, 77-year-old Chen Mouquan also found the Sichuan Museum and the Second Bureau of China Railway many times to mediate.
According to Chen Moulian, their family is a family of collectors, and they have had a hobby of collecting since their grandfather, and later their father was also obsessed with collecting. Due to historical reasons, my father's unit took away several truckloads of collections twice, but they have not been returned. Around 1980, they were told to claim the supplies, but they only claimed three collections: thread-bound books, seals, and cinnabar ink.
-Scene of the trial-
Statute of limitations, source of "donation......
Should the collection be returned?
At the trial on the same day, the plaintiff Chen family submitted 17 pieces of evidence, including the Sichuan Museum's reply to the Chen family, the collection catalogue issued by the Sichuan Museum, and the signature and registration form of the calligraphy and paintings handed over by the China Railway Second Bureau to the Sichuan Museum. The defendant, the Sichuan Museum, did not submit evidence.
The defendant's lawyer said that the calligraphy and painting works printed with Chen Ruiyuan's seal obtained by the Sichuan Museum "contain cultural relics and collections", and it is also a fact that the Second Bureau of China Railway transferred a batch of collections to the Sichuan Museum. Among the more than 130 pieces of collection requested by the plaintiff to be returned, 86 pieces were donations, and 45 of them belonged to Chen Ruiyuan, which could not be proved according to the available evidence, and it was recommended that the plaintiff inquire with China Railway Second Bureau.
Chen Ruiyuan seal
Regarding the plaintiff's request for return, the defendant's lawyer said that the Sichuan Museum was only a custodian, and "the custodian has no right to return the collection", and the infringing subject in this case was China Railway Second Bureau, so the plaintiff's lawsuit should not be filed against the Sichuan Museum. The collection was transferred by China Railway Second Bureau, and "it is legal for the Sichuan Museum to receive and transfer the collection", and if the plaintiff believes that the transfer of China Railway Second Bureau is illegal, it can revoke the transfer to the people's court.
In addition, even if these collections belonged to Chen Ruiyuan, it was Chen Ruiyuan's property rights that were infringed in this case, not the property rights of Chen Ruiyuan's children. Moreover, the dispute in this case originated around 1950, more than 70 years ago, far exceeding the maximum statute of limitations of 20 years.
Chen Moulian believes that after the death of her father, her children naturally have the legal right to inherit, "which is naturally formed and does not need to be recognized by the court." According to the provisions of the Civil Code, "inheritance is the personal lawful property left behind by a natural person when he or she dies", "the state protects the inheritance rights of natural persons", "the lawful property of private individuals is protected by law, and any organization or individual is prohibited from looting or destroying", the plaintiff's lawyer believes that the plaintiff in this case is the legal heir of Chen Ruiyuan, and his claim for the return of the property should be protected by law. Moreover, the Civil Code clearly stipulates that "a request to stop the infringement, remove the obstruction, and eliminate the danger" is not subject to the statute of limitations.
The plaintiff argued that the Sichuan Museum claimed that the 86 pieces of the collection were "donated" by Mr. Chen Ruiyuan, but it was unable to provide relevant documents and could not explain the source, so it had no right to occupy it and "should be returned". According to the provisions of the "Understanding and Application of the Provisions of the Property Law of the People's Republic of China", "if the person without the right to possess the original thing and then transfer the thing to others for possession, the right holder may request the former person who has no right to possess it or the current person in possession to return the original thing", in this case, China Railway Second Bureau first had no right to take possession, and then transferred it to the Sichuan Museum, so they could request both the Sichuan Museum and the China Railway Second Bureau to return it.
The defendant argued that according to the principle of "whoever asserts the claim shall provide evidence", the plaintiff should provide the donation documents of that year, but the judge said on the spot that "the defendant has the obligation to state the source of the museum's collection." Later, the defendant's lawyer said that he would "continue to search for the original materials."
The reporter noticed that in the letter handed over to the Sichuan Museum by the Second Bureau of China Railway that year, it was mentioned that "our bureau confiscated about more than 100 pieces of cultural relics, calligraphy and paintings, but it was not possible to decide whether the cultural relics calligraphy and paintings still needed to be returned to me, so they were not handed over." Now because our bureau can not send a special person to manage the cultural relics, calligraphy and paintings, and lack of storage experience, in order to preserve the excellent heritage of the motherland, it is planned to be handed over to your museum for safekeeping, but if you still need to return it to me in the future, please give it back. The Sichuan Museum signed and received it on October 16, 1957.
The plaintiff's lawyer argued that the defendants had no legal basis for possession from the very beginning, and that they were entrusted with the transfer of the Second Bureau of China Railway, which had no right to possess it, and kept the collection from time to time. Therefore, the Sichuan Museum should be returned.
The defendant's lawyer said that in the 80s of the last century, the Sichuan Museum had concentrated on clearing some collections that were in line with the policy. However, at present, there is no corresponding removal policy, and it is recommended that the plaintiff claim his rights through other channels.
In this case, the defendant's lawyer argued that the state did not have a complete civil law at the time of the incident, and that "it must be a tort now", but if the country's existing civil legal system is used to judge the events that occurred more than 70 years ago, it is not in line with the spirit of the current law according to the principle of "the law does not apply retroactively".
-Experts have mixed opinions-
Some scholars have suggested that the preservation of collections should be discussed first
Alternatively, they may be rewarded by emulating previous donation examples
The reporter searched for "Chen Ruiyuan" on the Internet, and in the 201907 issue of the "Collector" magazine, a researcher from the Sichuan Museum introduced the treasures of Gu embroidery (embroidery craft) in the museum: This Gu embroidery work called "Ming Dynasty Gu Embroidery Heavenly King Statue Vertical Scroll" is stamped with "Ju Array Jun", "Zili Tang" and "Yiyuan Jushi" at the bottom right of the picture, and "Jinyan Building" is stamped at the bottom left of the picture. At the same time, the article mentioned that "'Zili Hall' and 'Jinyan Building' are Chen Ruiyuan's nicknames".
In the 201907 issue of "The Collector", it was mentioned that the work was printed with the seals of "Silk Research Building" and "Zili Hall" Source: "Collector" magazine
Chen's family said that in the collection list provided by the Sichuan Museum, the collection has the name of his father, Chen Ruiyuan's collection seal, collection seal, hall number, Zhai number and other seals. The reporter saw that in the column of the list of collections, "Suitian Approval", "Suitian Collection", "Suitian Calligraphy and Painting of the Tang, Song and Yuan Dynasties" and so on. Chen Moulian said that his father, Chen Ruiyuan, whose name is Suitian, still has several father's seals at home, which are the same as the seals on the collection, and there are also many father's seals in the thread-bound books returned that year.
The reporter saw that in the acceptance letter of the Sichuan Museum that year, it was stated that "the Second Engineering Bureau hereby handed over a total of two pieces of cultural relics, materials, and Chinese paintings." For the authenticity of this matter, the reporter also learned from the relevant person in charge of the Second Bureau of China Railway that a year or two ago, they did receive a request from Chen Ruiyuan's descendants to check the files, "the archivists checked it for him", and then they took those files and asked the Second Bureau of China Railway to return his father's belongings, but the items have been handed over to the Sichuan Museum "No way", "They think it is caused by the Second Bureau of China Railway, and they want the Second Bureau of China Railway to go to the Sichuan Museum." As for how many of the 240 items handed over belonged to Chen Ruiyuan? The person in charge said that because of the age, they are also trying their best to clean up.
As for the issue of ownership, Mr. Xiang, director of an art museum in Sichuan, believes that seals are divided into author's seals, collection seals, appreciation seals, inscription seals, etc., and calligraphy and painting seals are also relatively easy, and seals cannot prove the ownership of calligraphy and paintings, "unless there is obvious evidence and list", and obtain these evidence through legal channels. However, since the Sichuan Museum has admitted that 86 pieces of the collection were donated by Chen Ruiyuan, it should bear the burden of proof to help the descendants of the Chen family clarify the source of the collection.
Chen Ruiyuan used the seal
Mr. Xiang believes that if it is confirmed that the collection belongs to Chen Ruiyuan's private ownership, then the Sichuan Museum should be returned to the descendants of the Chen family and disposed of by themselves, "but it is difficult to return the collection."
Ms. Zhou, a cultural relics expert at the Sichuan Museum, believes that the issue of return should be put aside and the preservation of the collection should be discussed. The collection has lived for tens or hundreds of years, and it is very fragile in itself. For example, Gu embroidery itself is organic, and if there is no constant environment, it is easy to be damaged. The Sichuan Museum has a constant temperature and humidity preservation environment, and there are special personnel to file and repair, "the museum can be permanently preserved". She is worried that the preservation of the collection will be affected by the poor preservation environment after handing it over to individuals. And it is preserved in the museum, donors and descendants can come to see it at any time, and when it is not displayed, it can be used for photography and research, and donors can also open special exhibitions in the name of donors, so that the world can know and understand Chen Ruiyuan, which is "much more valuable than putting it at home".
In the view of a researcher at the Chengdu Collectors Association, who did not want to be named, this is a problem of the times, "personal financial resources are limited, and it cannot be preserved", and it is recommended that it be preserved by state institutions.
If it is ultimately to be preserved by the Sichuan Museum, Mr. Xiang suggested that he could follow the example of a collector who donated more than 200 Chen Zizhuang paintings to the Sichuan Museum in 2019. After the donation of the paintings, which were valued at nearly 100 million yuan, the final donor also received a large reward from the Sichuan Provincial Department of Finance, and both sides made a certain balance.
Lawyer: Both parties should present strong evidence
The plaintiff added China Railway No. 2 Bureau as the defendant
Regarding the ownership of the collection in this case, lawyer Lin Xiaoming, a partner of Sichuan Yishang Law Firm, said that if the old objects involved in the case do belong to Chen Ruiyuan's legal property, they should be handled in accordance with the relevant laws and regulations on inheritance rights, and in the absence of a will, their legal heirs Chen Moulian and others should inherit it according to law. According to the provisions of the Civil Code, "before the establishment and transfer of the movable right, if a third party occupies the immovable property, the person who has the obligation to deliver may transfer the right to request the third party to return the original property in lieu of delivery", that is, China Railway Second Bureau can let the Sichuan Museum return it.
At the same time, lawyer Lin Xiaoming mentioned that if it is a cultural relic, it should be reasonably and effectively protected in accordance with the Cultural Relics Protection Law, and if the party does not have the corresponding protection conditions, it may also be a win-win choice to hand it over to a unit with better conditions for protection.
Yan Jun, chief lawyer of the Cultural Relics and Artworks Legal Research Service Center of Sichuan Yuanliang Law Firm, believes that from the perspective of the first instance, both the original defendant and the defendant lack sufficient factual evidence. He believes that the plaintiff should list the related evidence that each collection belongs to them, and given that the source unit of the collection is China Railway Second Bureau, due to its age, there are subjective and objective limitations in ascertaining the facts.
Conversely, the Sichuan Museum should also prove the fact that they legally own the collection. The Sichuan Museum claimed that it was the custodian, and that all the evidence on the source of the old objects should be submitted to the court, and the Sichuan Museum should also apply to add the transfer unit of the old objects, China Railway Second Bureau, to appear in court as a third party in the litigation in this case and cooperate with the court to clarify the facts.
The reporter learned that at present, the plaintiff has applied to the court to add China Railway Second Bureau as a defendant, requiring it to bear joint and several liability for return.
On December 22, the Red Star News reporter contacted the Sichuan Museum, and the relevant personnel said that they "came according to the process" and that they waited for and respected the verdict.
Due to the need to submit materials and add defendants, the verdict was not pronounced in the first instance on the same day. Chen Mougao told the Red Star News reporter, "The lawsuit is not about winning, the key is to figure things out and understand the ins and outs of the matter, whether it is true or false."
After nearly three hours of hearing, the group walked out of the courthouse, and the plaintiff's lawyer said, "This case has just begun......
Red Star News reporter Zhang Ling, photojournalist Miao Ruizhe, Sun Guifang
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