Research On The System Of Positive Prescription

The system of positive prescription is an ancient system of civil law system originated in ancient Roman law, which means that no right people flagrantly and peacefully use a right, after a certain period, that is, has the right. This system was initially inherited by France, then was absorbed and adopted by many countries and regions of the world. China currently provides only a system of suit ageing, but has not clearly defined the system of positive prescription. With the establishment and improvement of the social market economic system and law gradually emerging from the former Soviet Union law, the voice of the academe is getting higher and higher.Based on the original history and development introduction of positive prescription system, the necessity and feasibility of establishing this system in China, the analysis about this system design, the prescription system should be established when China makes civil code in future.The first part, firstly, the original history of the positive prescription system is introduced, and pointed out that the system have emerged and gradually matured with ancient Rome and socio-economic development. Secondly, the system gave an overview of the development of the modern country, focusing on the system in China's Taiwan region and introducing the development of the mainland.The second part, the necessity and feasibility of establishing the positive prescription system in China were analyzed. First of all, based on the system foundation and the consistency with modern law's value orientation and its function, it is necessary for China to establish the system. Secondly, make a feasibility analysis about our country establishing the system. Through the positive prescription and suit ageing system, goodwill achieved, and real estate registration system for comparative analysis of China's judicial practice and made some exceptions to the positive prescription of that time, China has established the system is feasible.The third part, the foundation of positive prescription system in future was analyzed. First, the positive prescription system on the analysis of the composition of the elements, it has three major elements: the act Element, the time element, the object element. This paper focuses on and analysis the types of special subject including state-owned property, the spoil, and whether the Lost Property being suitable for usage, and put forward their points of view, that China should establish the positive prescription system by differently and necessarily recognizing this system in the categories of objects on the application.Second, the legal effect of the positive prescription system and the burden of proof were analyzed. Third, the legislative mode of the foundation of the positive prescription system in China was discussed. At present there are three access modes . in every country: single model, separation model, unity model. Through the analysis of the pros and cons of three models, I believe that the unity model should be adopted.