The Research Report On Customary-law System Of First Occupying About The Buyi Minority In Qiannan State

China's current civil legislation has any specific provision to the first occupying system, which has a serious impact on judicial practice, especially the civil law pursue the value and Chinese civil customary law and the law countries make to develop the relationship between the convergence. Examine each country's law developed the rule of law, all provisions in the legislation to obtain pre-emption system, in order to expect it to have somewhere to go, make it the full use and the full realization of the value, to promote the flow of things, to protect the safety of transactions, and improve social and economic benefits.First occupying for the system has a long history in China. Simple awareness of China's ancient civil law also contains the first occupying for the system which is the original way to determine the ownership. Ancient times have made records of the first occupying. But after the establishment of the new China, the civil legislation abandoned the first occupying for the system. The existing civil laws do not have rules to follow, such as how to protect the scavengers who pick up the wastes, the rights of the natural objects which people first occupy.First occupying system is a big problem that China's civil legislation can not avoid. When we face these problems existing in reality that are how to protect the discards of the rights, the rights of owners, we can not just rely on the ways of the moral constraints and negotiated settlements, as well as we have to depend on the strength that the statutes make the laws weighing equitable benefits can distribute fairly.National customary law as one of the law sources, has an important role in China's development and implementation of the law .In this paper, Buyi minority's property as the object is to research the first occupying for the system. It provides a reference value of obtaining local information that research the development of pre-emption of Civil Code in future system, property rights and in order to explore the convergence of the first occupying for institutional theory and practical basis, and combine with our current legal system to analyse, the aim is to return to protect private rights of the tenor.