Treasure Trove Of System Research

Aocording to the modern civil law's theory of jus in rem, the civil main body usually may obtain the movable property rights based on two kinds of reasons: First is to obtain the movable property rights which based on the legal acts, such as to buy and sell. Second is to obtain the movable property rights which based on the other reason except the first one, includes to discover treasure-trove, to discover the missing object and the facts of occupatio. Although to discover treasure-trove is not the universal phenomenon, but to do some researches on it still have the big theory value and the practice significance. Moreover, our country's existing civil law has many unreasonable places on the system of treasure-trove. It already could not adapt the market economy development's requests. So it is necessity to do some researches on treasure-trove. That is to give some advices on the legislation of treasure-trove.We have basically established the market economy system. We have not adopted the basic economic system which the main body is public ownership system, the varied kinds of ownership systems development coexistent. Under this background, the people pursue the wealth. The people's pursuit which their investments and repays should have the direct ratio became the right requests. The efficiency became the fast standard of the value. Even we may say that, according to the Marxism's theory that economic basis decides the overtop structure, people's moral standards and the value orientation has also had the corresponding change. So we should not defend stubbornly the former days' disciplines and neglect the law's innovation. Based on the existing laws of treasure-trove in our country, it nearly neglects the importance of the person who discovers the treasure-trove in the whole legal relationship. It is hardly to pass under the market economy background. If we do not entrust rights with the person who discovers the treasure-trove, his investments cannot obtain the repayment, the result will turn into which either the people simply did not discover or after discovery they hide the treasure-trove. Thus, from the high standard morals' requests, we would obtain the moral's misinterpreting. So the benefits of the person who discovers the treasure-trove could not be protected. To reform our existing law of treasure-trove is imperative. Our country has a strong tradition of written law, the legislation regulations may reduce the unfair factors in the judicial practice effectively, to promote the dispute solute fairly and reasonably, Because of the brief of our country's legislation, it is hard to adapt in the judicial practice. And our law of treasure-trove is different with the other continental legal system's countries. Therefore, to eliminate the prevents factor in the present law and to establish science system of treasure-trove is the way which we consummate the correlation civil legislation must be taken.The article is composed of the introduction, the main text and the concluding remark. The main text includes three parts.The first part is the elementary theory questions of treasure-trove. First of all, I limited the concepts of treasure-trove. Then I discriminated the treasure-trove with the correlation concepts. At last, I analyzed the constitution important documents of the fact of discovering treasure-trove. They include the main body important documents, the object important documents and the behavior important documents.The second part is the comparison legislation research and the value analysis of treasure-trove. The comparison legislation is composed of longitudinal research and crosswise research. To carry on the value analysis of treasure-trove's law based on the ethics and the economic. Through the moral analysis and the economic analysis, I proved that to reform our currently law of treasure-trove is not only consistent with current society's actual moral standard, but also consistent with the economic man's natural disposition under the market economy background and the efficiency principle.The third part is the flaws of the treasure-trove's legislation and its consummation. First I analyzed the reason and the flaws which the country obtains the property rights. And I criticized the viewpoint which all belongs to the country. Finally I carried on the detailed legislation of treasure-trove.