The Research On The Ownership Of Bona Vacantias

With the development of society,human beings are increasing in number,social resources are gradually reduced,in such a background,people began to pay attention to the law which is not clearly defined on the bona vacantias.In recent years,the competition of bona vacantias is more and more obvious,and ebony as one of bona vacantias,after the Wenchuan earthquake in Sichuan area is frequently unearthed and mining.Because China’s relevant legislation about bona vacantias is not perfect,the ownership of ebony has become a hot topic,Sichuan Pengzhou astronomical ebony case is the typical representative of ebony case,the case in Chengdu city court has been completed,but because our country court avoided the problem that the ownership of ebony,therefore,the debates about the ownership of ebony has not a result.There are different views on this question,someone think that ebony should belong to the state,but others think that ebony should belong to the person who find it.In this situation, defining the bona vacantias and its ownership,has become a problem which should be solved in the future development of our country.This paper is divided into four chapters,the first and the second chapter use Pengzhou ebony case as an example,detailing the basic facts of the case and the focus of the case,and analyzing the legal attribute of ebony.In the third part,the paper introduces the legislative status of the ownership to the waifs in our country,and leads to the legal rules which ebony should be applicable.At the end of this part,the paper analyzes the ownership of ebony.In the fourth chapter,the paper takes personal property which has no holder as the research object,and by referring to foreign ownerless legislative model to analyze the advantages and shortcomings about the ebony belonging to country or people who find it.Based on these ideas,the paper proposed a suitable idea for the ownership of bona vacantias,that China should set up rules that general bona vacantias could be owned by people who find them,but the bona vacantias which is of value should be directly attributed to county.