Acquisitive Prescription Legislative Research

The prescription system means the corresponding legal effects happens based on certain facts which last a certain continuous period. Acquisition prescription originated from The Roman Law, constructs the traditional prescription system together with negative prescription in civil law system. Acquisition prescription is always being negative in our civil law theory and legislation, which is attributed to the influence of the civil law theory and legislation in the former Soviet Union. Until 1990's, along with the foundation of socialist market economy system and the further research of real law theory, more and more scholars switch sides to suggest for the foundation of an integral acquisition prescription system. Two drafts, the real law draft suggested by scholars and the PRC Civil Law Draft publicized in 2002, have also set up the acquisition prescription clearly, However, There are still not only many differences in the specific system design but also many controversial issues to be dealt with in these drafts, so how to establish the acquisition prescription suitable to the national conditions of China is still worthy of research. The paper analyzes its historical reference, orientation, constitution, legal effects, coverage and the relationship between acquisition prescription and negative prescription by using historic and comparative analysis methods, and then evaluates the correlative regulations in the draftBesides the introduction and the epilogue, the thesis is divided into six parts:The first part is the summary of acquisition prescription. The paper analyses its origin in Roman law, the succession and the development in other countries after mat, then introduces the theory controversy about acquisition prescription in our country.The second part is the orientation of acquisition prescription. As an old rule in The Roman Law, acquisition prescription once had a wide scope of application in the periods when each system in private law was newly established and other legal systems were incomplete. However, as private law systems such as innocent acquirement of chattels, the system of property registration comes to be perfect day by day in the modern time, is it necessary to establish acquisition prescription? Through making an analysis about it, this part draws a conclusion that innocent acquirement of chattels and the system of property...