Research On The Positive Prescription System

This paper has carried on a comprehensive discussion on the historical origin,function,scope of application and legal effect of the positive prescription system through the historical and comparative Analytical methods, at the meantime, analyze its relationship with relative systems through the horizontal comparative methods, so as try to find a comparatively rational positive prescription legal system for our country and to benefit the legislation of Chinese Civil Code. The author firstly has made a summary of positive prescription system, explaining concretely its concept, nature and historical development track at home and abroad. The author believes that the function of the positive prescription system is to solve disputes, to maintain the stabilization of the society, to promote the economic development. So the author demonstrated that the establishment of the positive prescription system is accord with the objective development rule of things. Through comparing the positive prescription system with the negative prescription systems,the real estate resignation system,system of well-meaning acquirement of movable property and occupying system, the author believes that the system can run harmoniously with the above mentioned systems, so to seek the best project for the establishment of the system. In the end of the paper, the author criticizes the negative opinion of the positive prescription system and hold that the reason for the establishment of the system in our country is enough, which is undoubted. On such basis, the author has put forward some suggestions for the construction of such system in our country, so to assure the smooth running of the system.