Research On System Of Preoccupation

Since modern times, most developed countries’civil code is advocated content provisions to pre-empt obtained, and to be as one of the original acquisition of the system of ownership. Through the comparison research, it is not difficult to find that all legislation for no advocate content ownership which is or special with orders to have to account for the system to regulation, or in the possession of the system protection, or to get aging as a possession made no advocate content of ownership of basic principle according to, or be different though path and its value is similar. In contrast, first made of system is controversial system in our country, time waste when,and is "star-crossed lovers". Along with the development of the theory of real right, preoccupation system are gradually obtained by the scholars affirmation, two scholars of suggested the draft property law are about to get the system of detailed regulations. But the property law and a revision of the system will taken off, first made the system of bumpy history and there seems to be little cause for future was not accidental, its main reason is that the value and content of system has not understood as a unified by lawmakers, otherwise which caused the real right system in our country are not full and lack of civil law value orientation.Preoccupation of system which is a kind of primitive property acquisition modes, personal property original acquisition system is a indispensable one China’s current civil legislation is without the provisions, Along with the social economy development, in the life, a large number of dispute caused by the preoccupation is not reasonable to solve, which affected our country civil law value rationality and the integrity of the legal system construction. In this paper the author uses comparative analysis, historical research and measures of value method to account for first made, and mainly expounds the basic theory of the system, its real value in contemporary cycle economy condition. Beside, the author discusses its own system of value.Most important of all, this paper accounts for preoccupation which is in the civil law system of logic of space, its effectiveness and makes clear that china sets up the necessity and possibility of system of preoccupation. Lastly this uses the experience of other countries for reference to put forward several ideas of setting up china’s system of preoccupation, mainly from the main area, object scope and constituents to interpretation and so on,listing the specific provisions design. In the end of the paper, the author brings forward in our country should be the property law, chapter9 "ownership has special provisions in the" first has to account for rules that, in order to establish a complete system of the real right system,and which even is helpful to the Property law system.