On Acquisitive Prescription System

Effectiveness for a given period of time, namely the force of law in time. It is the factual state which exists during specifically legal period. It can bring lawful systems geared to its factual state. According to constitutive requirements and legal consequense, the civil law divides the effectiveness for a given period of time into two parts, acquisitive prescription system and negative prescription system. Acquisitive prescription system comes from the Rome Law at the first. At the modern times, the system is adopted by the French Civil Law at the first time. Later on, it is followed by the most continental law system's country. It may say that the acquisitive prescription system is very familiar with the european countrys, but it is empty in our coutry's legislation. In recent years, especially later on from the 1995, how to establish the law of property or the real laws of the civil law becomes the focus in our society, and many systems can be deeply studied. It exsits the branchings about the necessity of the acquisitive prescription system under the market economy between the theory kingdom and the actual practice kingdom, but the most scholars consider that we should establish our own acquisitive prescription system, and add it to the specialist propositional draft about the law of property and the Civil Law draft. How to plan the acquisitive prescription system, the scholars subsist biggish diverges, some aspects even are completely contrary opinions, so it cause to become the focus which the scholars take delight in talking about. Then how to plan the system and according to the situation of our courty, t becomes the burning question. I want to benefit the Civil Law legislation through the acquisitive prescription system's concept and character, and through the historical review and the range of application,constitutive requirements, efficiency and so-on systems in various courties and areas. Once we set up the acquisitive prescription system, we will estalish the uniform prescription system together with extinctive prescription systems. The foundation of the system will make for the property ownership, fully exert the utilization efficiency, cut down the wasting for resources, stick up for the social order and transaction safety. At the same time it is the needs to connect the tracks of the world on civil law legislation by establishing the positive prescription systems.