| In China, the System of Preoccupation not be clearly defined in the basiclaw,neither on the attitude of juridical practice. And thus brought some confusion toChina’s judicial practice. However, the academic community has basically reached aconsensus that the Preemptive Regime should be applied in China, although there’s acontroversial that the system should be abolition or not. Nevertheless, the system wasavoided in Real Right law by legislators deliberately.The overall structure of this article is based on the case.I think the key to trialthis case lie on the values’ orientation and the concepts of the rule of law embodied.The ebony was identified as vacant goods by my logical positivism in thispaper,mainly through the analysis of the concept associated with ebony and theexplanation of the purpose with the legislative point of view. Combined with thepositive significance refracted in ebony case, I made some reflection to the publicpower’s compromise tendency in some twilight zone.I think that we should pay moreattention in the macro guidance of the proprietary concept of the rule of law, fromconcept system start to be clear for some already in academia, in the field of foreignlegislation, people ’s behavior in a wide range of system of recognition andpreemptive system is a system which is very typical.I obtained the conclusion that thepreemptive system to be applied is reasonable clearly from the origins of preemptiveregime, foreign legislation point of view, the status of the system and its proprietaryresearch embodied in the concept of the rule of law,and that the current politicalsystem and logic not irreconcilable.Finally, the article from the perspective of thesystem of legal practice carried out feasibility studies and the formation ofconsciousness by means of inspection of private rights and future trends in the contextof our country, demonstrate and explain the system generated preemptive clearly defined in legal texts after the rule of law, economic and social significance. |
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