The Main Empirical Research System Of Ownerless Ownership In Our Country

The problem of ownerless ownership has been a hot topic in civil law.The system is an essential system to solve this problem.As early as our country is just preparing to draft the draft of civil law,some scholars put forward that our country should put this system into the civil law,but I do not know what the reason the country has avoided this problem.In the civil law to perfect this process,there have been a lot of preemption and the related case,because the civil law of our country does not have this system set off a heated debate in the country.Finally because there is no legal basis to support the system,these ownerless without exception judgment shall be owned by the state.This makes these findings and people are very dissatisfied with the contradictions between the government and the people are not intensified,leading to social instability and many other situations.However,since I know that China’s new civil law and draft,I am excited,has been concerned about the problem at last there is a chance to be raised,no matter whether the country will adopt,I have to write it out.I hope that in the future,with the introduction of the civil code of our country,this system can be written into the civil law.This paper mainly consists of four parts:The first part,through the Sichuan ebony case Ownerless and ownerless related issues.The second part,because China does not have no relevant system main attribution,so through the study of civil law countries and regions for the relevant provisions of ownerless things that these countries in the ownerless ownership issues for the preemption system,and find out the origin of the preemption system,and the concept of nature and the elements.The third part is mainly to study the main non ownership system in our civil law.Firstly pointed out that the history of our country in the legislation is the recognition of the preemption system,but in the new Chinese was established in the legislation but abandoned this system.Then write no ownership issues legislative status and existing main system of current civil law in our country,because our legislation doesnot have relevant regulations ownerless,leading to the judicial practice at a loss,all kinds of controversy.Finally summed up the reasons for the existence of the defects of the legislation.The fourth part is mainly the establishment of non main ownership system in our country.Firstly,analyzes the feasibility of China’s application of the preemption system,then proposed our country current proposals for non main ownership system.The author believes that we should first in jus rerem is added in the main and ownerless classification,and related content in the real right the way to obtain the law about ownership in the preemption system,including the legislative purpose,the establishment of the preemption system applicable scope,basic concepts and basic principles of occupation constitution and must establish the preemption system adhere to.