Research On Law System Of Preoccupation

Preoccupation system originated from Roman law,is one of primitive acquisition mode of ownership.In Roman law, legislator adopted legislation style of free preoccupation doctrine,namely whether ownerless movable property or ownerless immovable property,all can be obtained its ownership by preoccupation.While Germanic law adopted legislation style of preoccupation right doctrine,namely the ownership of ownerless land can only be obtained through preoccupation by national,and the ownership of ownerless movable property can only be obtained through preoccupation by specific private that allowed by law.Surveying foreign situation of legislation, preoccupation system have been recognized generally by continental law system countries and common law system countries.Though ancient code of our national have also established preoccupation system generally,but since new China established,civil law of our national have not ruled it, because the civil law is influenced by public system and fine traditions of does not pocket the money etc,while this system caused by a great deal of discussions in law field.In view of some preoccupation habits in reality life,such as the fisherman catches fish in the rivers,the passer-by gives shelter to animals which roam about,the garbage-picker picks up wastes etc,so civil law of our national can not obviate preoccupation system,it should regulate habits in reality by the legislation of preoccupation,protect the legitimate rights and interests of the preoccupation obligee,stabilize social economic order.Base on legislative value of preoccupation system on civil law and recycling economics,in civil law of our national,legislative construction of preoccupation system should include clear definition for concept,legal character, constitutive elements and legal effect of preoccupation etc, in which,the determination on constitutive elements of preoccupation and ownerless article is the key of this system construction.Therefore,only on the basis of reality case, system analysis these problems and make the definite position of them,that we can just design accurately concrete legal articles of preoccupation system,so as to regulate preoccupation behavior in reality life.