The Research Of Ebony Ownership Problem

Before a period of time, ebony discussions on the question of ownership dominated the news newspaper headlines, all kinds of disputes, has been formed in the society at the same time in ebony ownership dispute cases is the most typical Wu Gaoliang case, in this paper I will begin from Wu Gaoliang case, to analyze the ebony ownership. Ebony ownership problem is a major controversy Wu Gaoliang case, Wu Gaoliang found in the river of ebony is relegated to discoverer Wu Gaoliang all or the state, tongji town government advocated Wu Gaoliang dug by the ebony shall be classified as all the countries,"the general principles of the civil law" article seventy-nine, paragraph1, the "owner of a buried or concealed object is unknown, owned by the state. The receiving unit shall be turned over the unit or individual, give praise or material reward." For tongji town of legal basis, but found that Wu Gaoliang are analyzed from the points of view of opposing the provisions of article49of the property law, namely "the law of wildlife resources owned by the state, shall be owned by the state", he felt very specific "property law" regulation, the law of wildlife resources owned by the state only countries enjoy ownership, like Chinese alligator, sika deer, Mongolia wild ass, dawn redwood, silver fir, ginseng and other countries to protect the wild animals and plants are owned by the state, however, for there is no clear provisions of the state owned by the state do not belong to the state, ebony is just not being clear provisions of the state owned by the state, so Wu Gaoliang claims its discovered and excavated the ebony should belong to him.Our country legal science discussion of ebony mainly concentrated in two aspects:the first aspect is the legal attribute of ebony is controversial, the legal science there are buried or natural fruits, minerals, wildlife, cultural relics and no advocate content point of view, the author supports the ebony is no advocate content point of view; Second, after analyzing and determine the legal attribute of the ebony, ebony ownership problems also exist serious objection, summarize, all is the state, collective and individual.This paper summarizes and proposes:on ebony ownership problem there are two legal basis, is a national selfish departmentalism, another is a standard, the two positions in the author’s analysis, on the ownership of ebony is consistent, should belong to find all, only after confirm the ownership of the process is not the same. Finally come to the conclusion that ebony is a main content in the first place in the legal nature, and then according to the principle of first by found that title. According to the ebony ownership problems, put forward to the "property law" legislative Suggestions in chapter9. Also put forward in conclusion why ebony ownership different points of view, it also related to the scholars of law to explain logic.