Analysis Bona Civil Legal Regulation

2012Pengzhou "astronomical ebony case" provoked heated debate on ebony’sclassification and its ownership. Some people think it should be natural fruits and it shall be inthe ownership of the usufructuary right holder by law.;Some think it should be the discoveryof an object buried underground and it shall be owned by the state. on the other hand somethink it should be natural resources and owned by the state,the author think it should be bonavacantia, but China’s current law does not provide who should be the owner of the bonavacantia.Who should be the the owner of the bona vacantia and what shall we do for this? theauthor think there are two ways to be choosed for this, One is Cases Concerning theDetermination of a Property as Ownerless, the other is Legal Protection of Possession. Theformer is a "Civil Law" as the legal basis, the latter is based on the "Property Law" as thelegal basis. The former do it with civil law to regulate; the latter regulate bona vacantia byProcedure Law Of The People’s Republic Of China. This same time, the author found thatthere is a conflict between the two way. meaning that does the possessor has the right to thebona vacantia or owned by the state. From the "best use" of property law legislative intentlook, giving possession to protect people against preemptive effect is more conducive to thecirculation of material utilization; From the point of view of the balance of interests, thepursuit of civil rights and obligations of the principle of reciprocity, because human laborpreemption inputs should be rewarded, the state should negative, ebony preempted by thepeople continue to occupy a more favorable; from the perspective of sociology of law, therewill be returned once the ebony against the established order, according to market shocks;from the perspective of law and economics protect preemption people occupy obviously moreconducive to improving ebony social benefits; from civil trends, the state standard legislationdoctrine destined to transition to people-oriented civil humane care stage, do not competewith the people will be the future "civil Law" the value of the target.On the basis of civil lawinterpretation and the interpretation of the use,by the way of Law and Economics andSociology of Law and so on, the author concluded that the possessor’s protection should begiven priority rather than the state, This same time take a step forward proposing approach tothe practice of judicial. Specific to the judicial practice, conflict preemption if people have objections main determination of property can be legally end special program, and told theapplicant filed a separate ordinary lawsuit. And at this time because the applicant fails toadduce evidence to prove that he is not the main thing the owner will bear the consequencesof losing; preemptive announcement period and if no objections are raised people, thecollective national or relevant court decisions made will be based on the ownership ofunowned.