The Legal Analysis Of Ebony’Legal Nature And Ownership

Pengzhou, Sichuan ebony case had received extensive attention of society and academic circles because of the ebony ‘s extraordinary values. Even though the final judgment of the case has made by Sichuan Provincial Higher People’s Court, the controversy about the legal attribute of ebony and attribution problem did not stop,academic circles did not reach a consensus. Ebony, also called "Oriental shenmu",has flowed with the growing rise value of market in recent years.Mining and trading with ebony has become increasingly frequent. Processing result is not the same because of the lack of legal regulations,which resulted in the "different connection with the sentence" phenomenon.About the legal attribute of ebony, academic point of view can be summarized as the following categories: fossil, cultural relics, mineral resources, buried and natural fruits. Different opinions result in different verdict. We can say,although ebony is very small, it reflects so many problems and pushes the problems in front of the world.Meanwhile, ownerless resources is difficult to determine the owner. Scholars did not reach a consensus about the problem of whether the ownerless resources should be owned by individuals or the state.At the beginning of this paper is the Pengzhou, Sichuan ebony case.Thesis adopts the methods of literature analysis, comparative research method and the method of combining the theory with practice. Thesis mainly study legal problems in this case and summarize the learning viewpoints. The author support the view that ebony is a natural fruits.This paper also take focus on the problem of ownerless resources,on the base of the research, recommending to use preemption system,and making recommendations in order to run the system better.