The Theory Of The Procedure Of The Identify The Property Without Owner

As a country of procedures of non-defendant, The procedure of the identify the property without owner have a great significance for the reconstruction and restoration of unclaimed property ownership relations.However, the judicial practice take relatively few applications of it, and, in the application process,the program itself have so many problems that it difficult to show up the role of property relations which it should be. The reason why there are such difficulties on laws apply, is the source of crude legislative rules, including:the vague of concept in the law,the sweeping rules of law, unclear cohesion with the procedures in the substantive law and the conflict with the relevant provisions of substantive law. It is precisely because the problems what The procedure of the identify the property without owner exposed in the judicial practice, making the program more embarrassing situation now. Coupled with the inertia of thinking long-term value substance and despise procedure, some scholars even believe that the procedure can be removed entirely from the Civil Procedure Law. On the basis of analysis to the problems of The procedure of the identify the property without owner which exposed in the practice, the author will make a full anatomy to the defect of the procedure as possible, and give my advice on how set up a scientific and rational The procedure of the identify the property without owner, to uphold the foundation status of it, and make a convenient to achieve its value of “best use”.On the idea of the article, the first part of the article is a detailed overview of The procedure of the identify the property without owner. First, make a set forth to the meaning and conditions of the procedure. Secondly, its proceedings are discussed. Which is divided into three smaller parts, namely: the start program of The procedure of the identify the property without owner; review the request and issue a public notice; judgment in the case. Finally, it is the relief program of the procedure. The second part is case analysis of The procedure of the identify the property without owner. In this section, firstly, lists three cases of the procedure which in Shanghai, Shandong, Beijing, then, analysis,respectively, some issues of the procedure that reflected from these cases. Then subjected to in-depth and comprehensive analysis of legislative defects which exist in The procedure of the identify the property without owner : the vague of concept in the law,the sweeping rules of law, unclear cohesion with the procedures in the substantive law, the conflict with the relevant provisions of substantive law and so on.The third part is the conceive to standardize and improve The procedure of the identify the property without owner. First, understand the principles of the procedure. Second, put forward the ideas of norming and improving the procedure,contrary to the defects which been analyzed in she second part.