江苏成立专班调查“捐给南京博物院的藏品疑被拍卖”事件，律师：即使假文物馆方也无权自行处置，建议警方介入调查

Core Viewpoint - The controversy surrounding the donation of paintings to the Nanjing Museum, particularly the case of the painting "Jiangnan Spring," which was later found at an auction, raises questions about the museum's handling of donated artworks and its obligations to the donors [2][5][11]. Group 1: Incident Overview - On December 17, Nanjing Museum stated that five disputed paintings had been identified as forgeries over 60 years ago and had been "disposed of" [2][5]. - The Jiangsu Provincial Department of Culture and Tourism has formed a task force to investigate the matter, promising to release formal statements based on the findings [2][4]. - The museum confirmed that all procedures regarding the identification of the disputed paintings were legally compliant and documented [2][4]. Group 2: Legal Implications - Lawyers argue that even if the paintings are deemed forgeries, the museum cannot unilaterally revoke the donation or dispose of the artworks without the donor's consent [10][11]. - According to the Law of the People's Republic of China on the Protection of Cultural Relics, donated cultural relics belong to the state, and the museum has ownership rights, which include the right to manage and display the items [11][12]. - The museum must follow specific procedures for handling items deemed not to meet collection standards, including obtaining approval from relevant authorities before disposal [12][14]. Group 3: Donor Rights - If the museum fails to fulfill its obligation to properly care for the donated items, the donor or their heirs may have the right to revoke the donation and reclaim the artworks [13][15]. - The absence of a written agreement does not negate the implied conditions of proper display and care that accompany the donation [13][15]. - The museum's inability to provide the original forgeries for verification raises further concerns about the handling of the donated artworks and potential misconduct [15].