Research Of Natural Accession System

As a form of accretion, Natural accretion has a long history, which originated from Roman law, It is true that it was widely used in the legal systems of most countries in the world,however,there is no specific provision about Natural accretion in "Property Law" in China. Therefore, the parties have to turn to the local administrative department for the settlement in accordance with the Article XVI of "PRC Land Management Law" and other related administrative regulations when it comes to the natural accretion of land ownership disputes. Only if the parties are not sactisfied with the result,they have the right to go to court. Generally speaking, courts don't place on file while dealing with such cases.So, a large number of cases of natural accretion run into the local administrative department waiting for settlement. On one hand, Owing to the lack of capacity, the need of the interests of the the local administrative department, the complexity of the administrative regulations and the process of dealing with such cases,It is quite difficlut to protect the lawful rights of the parties. On the other hand,there is no enough academic study nowadays in china for the reason that few people think it is worth spending time on it for its simplity.If we want to enact a comprehensive civil code of China, it is necessary to make an intensive study of the basic theory,for those reasons, I selected a typical case of dispute of beach useness to make a careful analysis of these questions,for example,which law we should use,how we deal with such kind of cases,what role the natural accretion will play in theory and practice.I am looking forward to making a useful investement into the natural accession and making some contribution to the making of the comprehensive civil code of ChinaThe article includes three parts except the introduction and conclusionPartⅠ:details and point of a legal case. First, I selecte a typical case on natural accretion from the "typical cases and processing of mineral land disputes (Ⅲ) ".Second,Ⅰdescribe details and point of the legal case,.Third, I lead to different views on the handling of cases. At last I come up with the topic we will discuss in the article on the basis of all above.------the natural accretion system.PartⅡ:Legal principle Research of Natural Accession System.Ⅰmake a brief introduction to the concept of natural accretion, give an answer to the question whether the land accretion exists, explore the shortage of the natural accretion of current legislation in China by studying different legislation of natural accretion in the different civil law countries and folk customs on natural accretion in China.Part III:conclusion.After the theorical study, the author presentes a propositon in the third part how to solve the desputes peacefully under the current circumstances that the legislation is not perfect in China,and give advice on how to deal with.