Legal Ownership Of The Research Ebony

In the spring festival of2012, Wu Gaoliang found7big ebonies in his own land.But when he excavated the ebonies, the local government stopped it and declared theebonies are belonged to the government. Then, the government carried away theebonies. Each ebony valued millions according to the markets. So Wu unwilling tolost the ebonies. On the26thJuly, Wu sued the local government to court, required itto return the ebonies. It is not clear about the ebony belongs to private or government.There is no case to reference, and it is a blank area of the legal field. It caused anextensive discussion in the folk and theoretical circle of law.This paper is based on the case of ebony, using comparative method, caseanalyzes method and the research method of literature to analyze the case. And usingthe theory of civil law and property law to solve the following problems: First,making sure that the ebony is one of the natural fruits. Second, according to theProperty Law, the ebony is belonged to either private or government. Third, what isthe best way of dealing the case in the existing laws and regulations. Fourth, themethods and necessities of our country to establish and make a better legal system.In a word, nowadays, the issues of the underground found property are gainingmore and more. Therefore, the study of the related theories has a great significance:First, help to improve our country’s legal system of civil law and property law. Second,making sure that who has the proprietary right of the things found underground. Third,providing meaningful advices and suggestions for the perfection of the socialistmarket economy system.