Build Several Explore Acquisitive Prescription System

Positive prescription, an old property acquisition system originating from ROME LAWS, constructs the civil prescription system together with succedent negative prescription. Positive prescription and negative prescription were inherited by lots of countries, with the functions of maintaining stable social order as well as promoting utilization of commodities. According to the negative attitude towards positive prescription, which affected by the former Soviet Union, there is only negative prescription, the single prescription system, prescribed in General Principles of the Civil Law in China. Without the coordination of positive prescription, negative prescription can not achieve the goal of establishment of prescription system under certain conditions, though it promotes the stable social order greatly. With the rapid development of market economy and the enhanced efficiency of resources collocation in China, property rights must be clear to insure the safe and smooth market transaction, which is one of the reasons to establish positive prescription system. Meanwhile, after China's entry into WTO, there are increasing attention calling for the establishment of prescription system with Chinese characteristics to be in line with international law practice. In recent years, more and more scholars suggest that positive prescription system should be established, though they hold different opinions with respect to legislations structure and content design. This thesis reveals the ultimate value orientation of maintaining social order in the way of the prescription system evolution process with historical organon, relative method, demonstration analysis and so on, dissects the duality of function exertion. The author considers we can't treat positive prescription and negative prescription just like giving up eating for fear of choking because of the negative effect and should foster strengths and circumvent weaknesses to design the system scientifically and reasonably. Then we could give priority to protect the public advantages with due consideration to fairness and avoid power abusement. On this condition, the article stresses the theory of positive prescription system initially. From the point of legal worth, this thesis affirms the ultimate status of possession system to positive prescription, elaborates affirmed value to social relationship, reallocation to social resources, integrity and litigation to legal system under the conditions of establishing positive prescription system, proves the rationality and possibility. Secondly , we can find the living space in the civil law for the positive prescripition compared with system of civil law in existence. Finally, this thesis puts forward suggestions on the application scope, important component and efficacy of positive prescription with the situation of our country, hopes to give benefit to our civil prescription system and the legislation of civil law.