Study On The System Of Preemption

The system of preemption is one of traditional civil law systems which have along history since ancient Rome period. There have been relatively perfect and maturelaw systems and case law about it in foreign countries, but in China there’s nothing,which makes people have to think twice. The system of preemption is not rare inChina’s ancient law, and there are many similar provisions about the system ofpreoccupation in many dynasties. To the Republic of China, it has formed moreperfect legal provisions on the system of preemption by reference to foreignlaw.However the system of preemption would disappear in our legal system since thefounding of new China. Is it consistent with the new trend of the times orunreasonable? This paper takes “study on the system of preemption” as the topic,which combines the present reality of China’s social life. The phenomenon about“preemption” is common in China, but there’s no applicable legal provision yet. Thecontradictions and conflicts calls for the system of preemption. The system of civillaw in China has established real right system. As an especially important system,preemption’s absence would lead to not only the imperfect civil law system but alsothe separation of the civil law in China and foreign related legal system. It is verynecessary to establish the system of preemption to resolve these contradictions inChina.Some domestic scholars list many reasons for abandoning the system ofpreemption. But now there is no reason to ignore it. The establishment of the systemof preemption is to comply with the development of the times and improve the civillaw system. There exactly exists advantage of establishing the system of preemptionin current legal environment and realistic environment of China. In this context, tobuild the system of preemption is ready. Thus, constructing the system of preemptionsuitable for China, according to china’s national conditions and the system of civillaw, is meaningful. It has analyzed its legal nature, the adoption of legislation andelements about China’s preemption by using the methods of historical analysis,comparative analysis, value analysis and drawing lessons form foreign law. What’smore, how to accept or reject and how to innovate must be emphasized. Then it comestrue that the most suitable and perfect system of preemption of China appears after defining its legal nature, appropriate legislation and legal elements,which arecombined with the social reality about China, chinese system of civil law and foreignlegislation.