Research On The Preoccupation System

Preoccupation is ancient natural law. It has continued till the present day from Roman law and reflected in many foreign legislations and China’s ancient law. But the property law of China does not provide the system.The essay advocates preoccupation has irreplaceable function. It is a kind of ancient, common and effective ways that allocate resources. On the one hand, preoccupation can stable the actual possessive relationship to decide cases and resolve controversies. On the other hand, preoccupation is in favor of efficient use of resources. On the basis of the cognition, the essay discusses the necessity, and proposes some advice to construct the system, to contribute my little effort for future China’s civil code.This article contains four parts.Part one explains the basic theory of preoccupation. Firstly, tease out definitions and properties of jurists. Then illustrate that the scope of preoccupation of system should be appropriately expanded, and ownerless immovable and real right for usufruct can be applied to preoccupation system. Finally, review the practical legislation of preoccupation.Part two discusses the function of the system. It is because the system’ function that legislation is essential. Its function concludes: promoting the full use resources, perfecting the possession system and maintenance of social order; excluding the identity or racial restriction to maintain social justice; providing a theoretical hypothesis of origin of private property.Part three is the necessity of legislation. Based on refuting opposing view, expound the necessity of legislation.Part four proposes the system design of preoccupation to provide reference for future legislation. It includes the choice of legislation, components and provision design.