Study On Rights Protection Of Buried Objects Discoverer

Rights protection of buried objects discoverers is not a true legal concept. With the rapid development of our national economy, there are all kinds of construction works and citizens’production activities. Those make treasure trove emerging, sparking a large variety of questions about the treasure trove, such as treasure troves’possessions, discoverers’ rewards and so on. Ownership dispute that2012ebony discovery triggered pushes the problems of the rights protection rules of buried objects discoverers into the cusp. The debate focuses on these questions: Ebony is whether buried objects or not? How should we determine the ownership of ebony? How much reward should ebony discoverers get?Although discovering treasure-trove is not the universal phenomenon, doing some researches on it still has a big theory value and the practice significance. Moreover, our country’s existing civil law has many unreasonable places on the system of treasure-trove. It already could not adapt to the requests of market economy development."Property Law "only stipulates that the discoverers of treasure trove can obtain a material reward, but does not mention what the reward is and how to reward. Meanwhile it does not mention the meaning and nature of rights protection of buried objects discoverers, and it does not mention the remedies for the discoverers. Such vague provisions are difficult to resolve disputes encountered in real life. In fact, the protection of discoverer interests is not only a legal issue of treasure trove, but also a social problem. Traditional mode of state ownership that the treasure trove all are nationalized is a abnormal pattern that it ignores private rights when considering public rights. It ignores people’s pursuit of material in the modern society, overstating the people’s moral standards. Therefore it is necessary to systematically study how to protect the interests of a treasure trove. We should build a set of specific protection rules, to provide reference for improving our country’s legislation of treasure trove.In order to ensure the discoverers of buried objects to get timely and effective relief and maintain social stability, we should improve discoverer rights protection of a treasure trove from the legislative, judicial and social point. Drawing from foreign experience in legislation and judicial practice, combining with the actual situation in our country, we should build discoverer protection rules, from the following aspects: On legislative choice, we should abandon the traditional mode of neglecting private rights and attaching importance to public rights, change the values and adjust from the obligations to rights-based standard. On Specific legislative system, we should define the concept of treasure trove and clear elements of discovering a treasure trove, give people the limited ownership, share the burden of proof and clear the situation of discoverer losing rights.