Research On Legal Problems Of Ownerless Propetry

Ownerless property is a system of practice, the law must make provisions for theprotection and utilization of the main property, but also must make provisions on theownership and disposal of ownerless property. But in the theory and the legislationpractice, scholars, legislators pay little attention to ownerless property due to "price isless expensive and small" and focus more on the main property research andregulation, but neglect of Chinese current civil law theory on "Ownerless property"research. This paper conducts the research to the ownerless property legal problems,this research will aim for the understanding and application of Chinese current lawwhich is meaningful, but also has the foundational significance to research furtherlegislative theory. This paper is divided into five chapters.The first chapter elaborates the research background, research significance andresearch framework and methods. Ownerless property is one of the ancient civil lawconcept and theme of Chinese feudal legal system, although not explicitly use theconcept, since the invasion of western law eastward, Rome law system tradition cometo China, the scholars in the introduction and research of the system. But the"interpretation" of a system, is not on the system have been studied, can not be said tohave done in-depth research, only when the special research articles in a problemresearch has been the emergence of a large number of "points" of the meaning, and inthe "point" on the basis of publishing the "surface" in the sense of the systematicmonograph book, can be a problem for the research of thorough system. Based on the research status of China’s ownerless property, didn’t have substantial article and nosystematic monograph publications, theory and practice both neglected to theresearch and regulation of ownerless property, so the research on the legal problemsof ownerless property have new epistemology. In addition, from the provisions ofChina’s current law can show that the related regulation of main property, such as thetypes of the ownerless property, damage liability attribution and other issues have notyet covered; and while the law provides a property as ownerless program, but thespecific design of the system is not complete; and on the provisions of ownerlessproperty ownership is also the normative basis and explain the paper’s object ofcriticism. So the ownerless property type analysis, standards, ownerless propertyownership and damage liability attribution have main innovations.The second chapter mainly expounds the reason of ownerless property.Long-term since, scholars occupy unclaimed property as a starting point to the originof the ownership of the argument, namely, ahead of the others for no main possessionthe property as original acquisition. Natural rationality or revelation of God told us,human beings had to maintain its existence right when he was born, when living inthe physical world, human gradually aware that, if not to obtain more and morematerial through their own labor, the natural material world provides the resourceswill be exhausted sooner or later. When a person or persons take forcible possessionof the intent of the possession and control of the nature of ownerless things based onthe domination of the state at this time, things began to change, namely the state froma "no control" evolved into "dominated by someone or some people", the propertyfrom without the Lord into the main, with owner of this generation. The explorationof the reasons of the ownerless property, help to grasp the property by no main to evolution of the Lord, to identify, unclaimed property to determine the attribution ofresponsibility attribution and damage with positive practical significance.The third chapter mainly elaborates the cognizance of ownerless property,including the determination conditions and the procedure for identification. Study ofownerless property ownership and virulence before is to identify the ownerlessproperty, the property in which satisfying certain conditions can become ownerlessproperty that belongs to the category of the research in this chapter. Thedetermination conditions to identify from the beginning ownerless property is that theproperty does not belong to the state animal and plant resources in the law and whichbefore been determined belongs to the category of ownerless property; and for thesubsequent ownerless property from the owner’s meaning or some objective factorswhich make the original ownership of the property lost its owner object. After theproperty meeting which conditions to be the subsequent ownerless property havebeen determined, and according to the type of the refinement of the typical ownerlessproperty such as owner of unknown buried, hidden objects, the unclaimed lost, noinheritance and people without bequest of movable and immovable property meetwhich standard could be the subsequent ownerless property should have detailedprovisions. The procedural standards to determine the subsequent ownerless propertymainly on basis of the relevant provisions to the combination of "The Real Right Lawof the people’s Republic of China" and "The Civil Procedure Law of the people’sRepublic of China" are important. Even though it usually has two programs forselection, but still put forward my own ideas in order to make China current relevantlegislation constantly perfected.The fourth chapter mainly expounds the ownership of the ownerless property. In view of the purpose of the system of property law, there are three, namely purposes,"belonging","use" and "protection". In these three guidelines,"belonging" isundoubtedly the use and protection‘s premise and foundation, so the property"belonging" that the definition of property rights has become the property law shouldpursue the goal of primary system. And "belonging" problem, and it includes twoaspects, namely,"master" and "without the lord". Therefore in the system design, thelegislation must make provisions for the protection and utilization of the mainproperty, but also must make provisions on the ownership and disposal of ownerlessproperty. While China’s current law whether "The General Principles of the Civil Lawof the people’s Republic of China","The Inheritance Law of the people’s Republic ofChina" or "The Real Right Law of the people’s Republic of China" and the relevantjudicial interpretation and so on all claim that the people of unknown, unclaimed, nosuccessor of unclaimed property, ownership problem is made by state or collectiveeconomic organizations of the provisions, this is the chapter studies’ normative basisand which to object of criticism. So the research on the process of ownerlessproperty’s ownership in this chapter, base on the status of the system of Chinese law,study these system’s comparison basis, historical basis, normative implications,system application and existing problems and so on, then give the rule of theownerless property’s ownership. To study this problem not only for the understandingand application of Chinese current law has positive significance, but also to thelegislation theory, since the development of China’s unification of civil code has beenincorporated into the legislative programs and plans, then in the future civil code ofChina how to design the ownerless property‘s ownership specification is a very reallegislation, so it has research value. The fifth chapter mainly elaborates the ownerless property damage liabilityattribution. In view of ownerless property can be divided into beginning of ownerlessproperty and subsequent ownerless property, and its virulence type should belong tothe object damage, although the promulgation and implementation of "The TortLiability Law of the people’s Republic of China". But it is not clearly definedownerless property damage caused by the responsibility. But the ownerless propertyexist widely in real life, caused by the damage liability is also a question of theoryand system cannot be neglected. In view of this, this chapter will take theclassification standard of ownerless property damage liability attribution was studied,and combine with "The Tort Liability Law of the people’s Republic of China", inorder to combine the relief resolution and rights to achieve. It can be asserted that is,China’s future civil code should made general provisions of "the property" and "ownerless property", this is also in line with the scientific legislative choice. So,aiming at the problem of ownerless property damage liability attribution caused bythe research, not only hoping to make the current law perfect, but also for future civilcode having the positive significance of the legislation.In this paper, under the "China’s current civil law theory have not yet study onthe ownerless property legal problems " background, through study on the ownerlessproperty determination condition, belonging and responsibility of the damage, inorder to form the theoretical system in China civil law theory. Since the ownerlessproperty problem in essence is a category of ownership in property law, not merely asa part of ownership, and should be studied as a special topic domain. Since "theproperty" and "ownerless property" both "in half of ownership ", then give them theequal position is concerned to be important. This paper studies base on the ownerless property as to point and then analyze the provisions of China’s current law, and toimprove the theory of ownership system in China, then to improve the theoreticalsystem of Chinese property law, give the author’s legislative proposals, this alsoreflected the important theoretical innovations.