Investation Of The Acquisity A Prescription System

Acquisitive Prescription System has been admitted in most countries, it is the choice of the legislators in order to balance the private and social justice. As an important civil law system and one of the methods of obtaining properties, it is necessary to establish acquisitive prescription system. There are some provisions related to "Civil Law" (draft) and "Property Law" (draft) which published in 2002. But the design of the draft have many differences , issues needs to be clarified, resulting prescription system failed to get into the scope of "Property Law". It is a pity so the Civil Code should be made in the prescription system to make up for "Property Law" in the future. Based on the historical development and the exist value of the acquisitive prescription, established the belief in obtaining prescription system and through the "The Republic of China Civil Law" (draft) review to discuss the designing of the legislative prescription system.This thesis consists of three parts:The first part of the article is the historical development of acquisitive prescription. This part analyzes the origin and the development of the acquisitive prescription which achieved the successor and development by the national civil code,and seeks the trace of prescription system in China.The second part of the article is the value of the acquisitive prescription. This issue has two aspects to be described, starting with the value of the function. Some scholars are for the value of time function, while others are against. The writer of this paper has put forward her owe opinion. Secondly, it can analyze from the technical aspects of legislation. It can't be replaced by good faith system, real estate registration system and legislation prescription system.The third part of the paper is proposed some suggestions on the legislation of the prescription system in China. These suggestions followed by""The Republic of China Civil Law"The first is the choice of legislative style. Acquisitive prescription has two legislative models which are unified coexistence and districted coexistence legislation prescription system. The difference of the acquisitive prescription and legislation prescription determined districted coexistence which is the best legislative model of civil law. The second issue is the limitation of the prescription. However, acquisitive prescription and the period of legislation prescription have different meaning and The Civil Law isn't covering the suspension, termination issues. So, the Civil Code should conduct a comprehensive system of these issues. "Good will" will affect the achievement of the length of the period of limitation rather than the element which consist of the acquisitive prescription. Third, the scope of acquisitive prescription is not only used on real estate which registered or not, but also used on private property and part of the state-owned property.