The Construction Of The Protection Of The Buried Object Discoverer And The Preoccupancy System In China

With the rapid development of our country economy and Urbanization process to accelerate, A variety of industrial, agricultural activities make a lot of buried objects and abundant resources are found. Entering twenty-first Century, People’s living standards towards the well-off level forward, People made a lot of social wealth. At the same time, the number of ownerless property especially the number of abandoned property grow with each passing day.The buried discovery system and preemption system has a long history. It harks back to Roma law that belong to continental legal system. In European and American legal system, Take the United Kingdom and the United States for example, both of them have a relatively complete system of regulations. However, the regulations of the Buried discovery system are only found in the seventy-ninth general rules of the civil code of the civil law in 1986, the "property law of the people’s Republic of China" 114th, The Supreme People’s Court on the implementation of "general principles of civil law" views, Hereinafter referred to as "the views of the people", The Supreme Court Supreme Procuratorate issued "on the handle theft, excavation, illegal business and smuggling of cultural relics case concrete application law interpretation of several issues" Notice of the 2 and 7, "Cultural Relics Protection Act" fifth and thirty-second. And the "general rules of civil law" seventy-ninth provisions of the content is ambiguous, fuzzy, and the operability is poor. The preemption system is not specified. In fact, the regime of buried object discovery and preemption system is not only the legal problem, but also a social problem. It is necessary for the formulation of civil code that the buried discovery and preemption system should be included. Making our legal system more perfect and playing a role in the construction of our country’s legal system and the rule of law.This paper is composed of five parts,.as follows:The first part introduce the case of "Astronomical Ebony Case " in Sichuan,this paper use the way of case that it draw forth the protection of the rights and interests of buried discoverer problem and the problem of construction of preoccupation systemThe second part involve some legal issues via the case of " Astronomical Ebony Case ",including the legal attribute of ebony, the ownership of ebony,ebony discoverer of reward system and so on. Its can let legislators,law scholars and the lovers of law through this case that they can analysis our current country’s law about the protection of the rights and the interests of buried discoverer name for buried system, that is imperfect and the necessity of the construction of preoccupation system.Countries can let the buried system and the preoccupation system bring into the making of the civil code in the future, and the provision in the ownership of the ownership of the Real Right Law in the part of the special methods in this chapter.The third part,this part is mainly discusses the improvement of Buried Discovery System, that is the protection of the rights and interests of buried discoverer, including the history origin of buried system, current legislative situation, the buried system overview, the legislative proposal of buried system of these four aspects.Through the layers of progressive way,from the deep to shallow,since the ancient times until our country will completely analyze the Buried System about these legislative Proposals in days to come, it can embody shortages and improve shortages. This is the one of highlight of this paper, especially in the part of legislative propasals.The fourth part is roughly the same as the third part of the structure, is about the preemption system in China. There’s main content in this part:legislations of preemption in the foreign countries an d China, an overview of preemption system, the need of exist of preemption system, the legislative proposals of preemption system, my study and my own views of preemption system in the way of historical analysis, comparative study and literature survey. In this part, all of study is in order to make effort to legislation of preemption system in China.The fifth part is a summary of full text. This section shows again that my attitude and legislative proposals of the protection of the rights and interests of buried discoverer and preemption system to make the subject of the article more clearly.In short, with more and more disputes about discovery of buried things and preemptive case, there is a great significance to study legal issues the Astronomical Ebony Case involved, such as the nature of the ebony, the belongings of ebony. To study the law about present system for buried objects and preemption systems is to help build a country ruled by law, is to improve the system of civil law and property law, is to help law in China meet the international standards, is to provide advice for the perfection of legal system under the our country socialist market economic system.