On The Acquisitive Prescription Practical And Legislative Design In China

Acquisitive prescription system is the the law that the non-rightfull owner continues to possess other's property openly and peacefully with the excuese of practicing proprietary right and other property right, and prescribed time, he eventually gains such proprietary right and other property rights. But this system is not regulated in our country's law. In this artical, the author uses variety research method to discuss necessity and rationality of establishing acquisitive prescription system in China, and designs the regulations of acquisitive prescription in civil code of future by making a reference to draft of civil code, professors proposal of civil code and foreign civil laws.This article is divided into five parts, roughly as follows:The first chapter introduces acquisitive prescription for obtaining a general description. This chapter introduces the legal concept and content of acquisitive prescription, the origin from the Roman Law, and the regulations of some representative foreign legislation.The second chapter expounds the history of relation of Chinese law and acquisitive prescription. This chapter discusses the relationship of Chinese law and acquisitive prescription before 1949; expounds civil law andacquisitive prescription after founding of PRC, in particular, previous draft civil code provisions on acquisitive prescription; analyzes the regulation of acquisitive prescription in draft of civil code, property law and so on from Reform and Opening until now.The third chapter analyzes the necessity of acquisitive prescription in modern civil law.In this part, the author considers acquisitive prescription is still useful by comparing acquisitive prescription and limitation of action, acquisition by good faith, and notification of rights of real estate.The forth chapter counters some points question acquisitive prescription with analyzes rationality of establishing acquisitive prescription in our country. This chapter analyzes the universality of acquisitive prescription from a comparative law point; cultural acceptability from the perspective of sociology of law; and value of the pursuit from an economic point of view of the reasonable. Aging in China eventually made to establish the reasonableness of conclusions.The fifth chapter designs the regulations of acquisitive prescription in civil code of future by making a reference to draft of civil code, professors proposal of civil code and foreign civil laws. And references the regulation of acquisitive prescription in the draft of civil code of PRC, and points out its flaws.