Research On The Construction Of Preemption System In China

Preoccupation has a long history, originated from Roman law, is one of the ownership of the original way, then the system was Germanic law inheritance and development, later said by people’s right to occupy, until today, preoccupation is still used by many countries of the civil code, such as Germany, Japan, Switzerland, etc.Preempt system is not only reflected in the civil law, also have to account for system in international law.To preoccupation has been quite mature in foreign countries and play an important role in the society, occupy also exists in China’s practice of life habit, but not preoccupation system in our country’s legislation, so the first accounts for the lack of a system to our country also brought many problems: first, the system of exclusion of first means expanding scope of public rights, private rights of living space. Too much emphasis on state ownership, ignore the private ownership, and even in some cases to state ownership can sacrifice personal interests, goes against the principle of equality of civil law; Followed by lack of system, first the narrow path of rights to obtain first, lead to possession of property law system is not perfect, is not conducive to stabilize property law order of ownership and control purposes. Again, the lack of-preempt system lead to items in the first of unclear property rights, cut personal passion leads to waste of resources. Especially in recent years, an increasing number of waste by giving ownership of unowned thing first, to better play to the abandoned its practical value by the value of the crafty, on the contrary too much public will reduce the utilization of idle resources, cause the waste of resources to affect the enthusiasm of personal wealth creation at the same time; Finally, the lack of rules first make legislation and is used to disconnect. There exist great quantity to account for the fact that in real life, such as gathering wild plants, herbs, fruits, etc. Lack of system, first is to ignore the social reality and legislation and habits, hinder the law adjusts its role in social phenomenon.This paper argues that China should set up through legislation of system first, but preoccupy must fit with the establishment of the Chinese society, must consider the Chinese society with foreign culture and custom differences and the different of modern society and traditional society. Based on this, this article to build withChinese characteristics of system first, put forward the following Suggestions: starting of the main body of people Angle improved traditional chattel preempt requirements;enlarge the legal effect of preempt. Broadening of the scope of the first, including real estate, buried and belongings and clear rules of the first limit. All in all, this article hopes to cause the attention of people to preoccupation system, and contribute to our country to have more perfect system of preoccupation.