On The "Nugget" Attribution

Formation in January 2015 in xinjiang abour gold nugget case once again aroused the concern of the legal science and the news media, the gold nugget is become what people in dinner conversation, and now the gold nugget as well as a few years ago the ebony,essentially is a response to the problems of bonavacantia content ownership. With the continuous development of market economy, the rights of citizens is gradually expanding, the pursuit of economic liberty has been deepened, but legal regulation often lag behind the development of the realistic society, our country has so far been bonavacantia is done in regulation, Facing the legal ownership of the vulnerability, conflict of interests of different subjects in real life and judicial judgment in the embarrassing situation, the angle of the balancing of interests analysis "nugget" legal attribute and the attribution of.In the present law, our country has too much legal protection to the interests of the state,often ignored the importance of protecting private interests, private interests in a weak position, not only conducive to the rapid development of economy, and also have certain influence to national stability. So, Preemption of the system of preoccupancy in law is necessary, through the Preemption of the system of preoccupation, not only solve the ownerless ownership attribution, also of primes itself value and benefit maximum play, so that the purpose of "property law" has been very good use. The preemption of the system adopted in our country should make full use of the foreign provisions of this system and implementation, from the legislation, bona vacantia definition and possession protection and other aspects respectively, to study and explore.