Research On Acquisition Prescription System

Acquisition prescription is an ancient system which originates from the Roman law, it experienced numerous and complicated variation, especially the social transition and the culture progress, it was also ruled in many civil codes of nations, both the mainland law and the British-American law have the related rules. As acquired from this, Acquisition prescription has its independent value at the maintenance of the existential social order. However, as the effect of the former Soviet Union civil law, acquisition prescription has not been established in our nation law.At the present time, the necessity of acquisition prescription in the market economy condition has been recognized as a consensus in our nation academic circles, but how to design this system is still a problem which needs to resolve.The thesis analyzed and compared the related rules of other nations and draws lessons from the beneficial experience of the other nations, to search for the establishment of acquisition prescription which satisfies our nation condition.The thesis adopted a method of history analysis and comparison, researched on the origin , development , existential social foundation , necessity of acquisition prescription , the establishing of the system and the coordination of related law system, drew lessons from the specific rules of acquisition prescription in the abroad, analyzed the integral frame of acquisition prescription in our nation.The full text includes five parts except the introduction , conclusion and thanks. The first part is the history development of acquisition prescription. The second part represented the necessity of establishing acquisition prescription in our nation, this necessity contains two aspects, one is the social foundation of acquisition prescription exists in our nation (the establishing of Chinese market economic system and the development of the commercial economy)the other is system aspect, it is the necessary to perfect the Chinese civil law system , realize the fusion of the program justice and essential justice, balance the social benefits and personal benefits, maintain the dignity and order of the judicial. At the meantime, analyzed the reason that acquisition prescription can't replaced by bona fide acquisition , real estate register and litigation acquisition prescription. The third part is the constituent essentials of Chinese acquisition prescription. This should be the core part of article. The author tried to screen the constituent essentials of acquisition prescription which matches Chinese condition and actual requirement from the law origin and logic system of all nations, to maintain the stabilization of commodity trade and remove the argument by the design of the constituent essentials. Help the thing to enter it use, promote the effect of social performance.This text combined the lawmaking process of real right method and drew lessons from modern mature lawmaking experience in all nations, constructed the constituent essentials of Chinese acquisition prescription : occupy, period and the projects of the others.Mainly analyzed the concrete meaning of occupy and period, descript and defined the pause and break of the period. The forth part is the applicability of Chinese acquisition prescription .Its purpose lies in analysis the system zone of Chinese acquisition prescription exists. The fifth part compared and analyzed real right law and civil law(draft) about the system design and constitution of acquisition prescription , drew lessons from other advanced beneficial lawmaking experience in the nations, investigated on acquisition prescription lawmaking style, prescription pause and break and the exception of applying this institution ,and improved my opinion.The writer thinked that Acquisition prescription should adopt the style ofdistinguish lawmaking;For abeyance, break off of Acquisition prescription origin of matter in addition to civil code (drafted plan) prescriptive of because the litigation time limited efficacy is at a stop, the interruption cause outside, should also include abeyance and break off of Acquisition prescription .In the meantime writer tried to argue on the ownership applied situationand ownership and other property rights with elaborate;Also public thing to obtain the exception problem of applied situation of acquisition prescription to do contrast to explain with the thing, public things.