The Discuss On The Building Of Preempt System

The legislation of our country has made some detailed regulations on the use and protection of the main property, but the property owner and the ascription is blank,resulting in no applicable to the ownerless things to find the corresponding legal norms.The legal nature and the ownership of submerged ebony such as Sichuan ’Pengzhou price ebony case’, because there is no corresponding legal provisions,lead to the judicial final begs the question.It did not directly confirm the ownership of ebony.This case is not only to test out the gaps in our existing laws, the absence of the main provisions of the real right is, once again led to legislation of bona vacantia problem calls.In view of the existence of a large number of real-life ownerless fact, construct the ownerless premption system be imperative. Therefore, the expensive ebony in Pengzhou as background, through the introduction of the case method to carry on the research of this subject has practical significance on the system.Firstly, the basic facts of the case, the judgment of the court and the parties point of view of a brief introduction and assessment, analysis of the legal natureof the ebony from the theory angle, and think it belongs to the ownerless shall apply the system of preoccupation.Secondly, by using the comparative analysis method, carries on the inspection to the preoccupation system origin, the foreign legislation and judicial practice in China in the first case, the rationality of the preemption system should be clear in practice application.Finally, this paper expounds and reflect on the system from the legal practice of value, etc of the correct theory and method to solve the first problem, and provide some suggestions on how to construct the system to adapt to the relevant cases and theories, in order to standardize the behavior of life.This article divides into three parts:Part 1: The focus of case and controversy. This part from’the case of ebony Sichuan Pengzhou’,combined with the court’s attitude and the corresponding theory, clarify the reason of China’s judicial practice for avoiding ebony ownership-- the legal attribute of ebony is not specified. The academia of our country about the ebony legal nature and ownership of the different views and reasons of carding, the induction, the evaluation and the ebony should be as ownerless, and by bona vacantia in our country’s legislation blank, leads to that China should build the system of preoccupation with ownership.Part 2: The research on the system of preoccupation. This part through using literature analysis, comparative analysis and other methods,the origin of the system of preoccupancy respectively makes a historical research, to foreign occupation to obtain inspection system, as well as the preemption in judicial practice of our country case to carry on the inspection. Through the investigation, on the one hand,construct the system of preoccupancy rationality is verified for our country. On the other hand, provide reference for construction of preemption system.Part 3: The establishment of the system of preoccupation. Firstly,this chapter elaborates current law of our country in the system of preoccupancy deficiencies and shortcomings, and construct the system of occupation of feasibility analysisfor our country.On this basis,by refering to foreign legislation of preemption system and combing with China’s specific national conditions, put forward specific proposals to build the preemption system in our country.