| After property law enacted in our country, for a person to possess, utilize and dispose of all did relatively comprehensive system of rules. However, those regulations, which mainly has the main content of provisions against, for without the regulation of the main content, however, a few pen, this is a big flaw in the study of Chinese civil law theory, because in our real life unowned thing is real, and many times we have disrupted the quiet life. To this end, on the basis of this paper mainly studies without the ascription problem of the determination and the main content, hope to be able to apply to help China’s understanding and designing.This article is to study the most basic nullius two aspects nullius identification and ownership. In real life there are a lot of res nullius, you can define whether a matter should the go is not the main thing but I do not know where to start, because there is no property law since the enactment of the relevant provisions of nullius. No one has entered the main substance of the law vacuum, but not to the provisions of the law does not mean that there is no dispute nullius, on the contrary, the controversy surrounding the dispute nullius a pick one, ebony event, iron meteorite cases pile up come, a test of the rule of law in this country. To this end, the article never dispute the main object of the first two typical cases talking about, not the main thing leads to controversy in terms of identification and attribution. Begs the question, they come one by one to be resolved in accordance with the problem. For nullius identification, nullius according to different criteria can be divided into different types, but the most important is the most influential on purely nullius nullius and subsequent division. Wildlife purely nullius is beginning ownerless no such thing belongs, come out of the iron meteorite, this is relatively easy to understand. For subsequent nullius is more difficult, including discards, title unknown treasure trove, unclaimed lost property, there is no heir heritage, these findings nullius on the need for strict legal procedures, the article do a detailed description. Through discussion of these two aspects of what is nullius have a clear understanding of the reality of life not because of an unknown substance to feel uneasy.Determine what is not the main thing, the next step is for the ownership nullius who have carried out rigorous discussion. For land, mineral resources, real estate and other countries have clearly defined, owned by the state or collective ownership, talk of little significance, but no active production, without much legal provisions, which need to do rigorous exposition. By nullius know the types of identification nullius there are many, and each type has different ownership situation, which requires a distinction between different categories. Firstly draws on three legislative cases attributable nullius Western history, and then the development process nullius in the history of our country to make a statement, on the basis of these experiences, to our existing legal deficiencies and gaps were Network access, so that each has a vested nullius, allowing individuals can obtain the corresponding preemptive nullius. Finally, return to the topic of real-life events and ebony iron meteorite events put forward their views, so that real life can successfully resolve disputes about nullius.In this paper, under the "China’s current civil law theory have not yet study on the ownerless property legal problems " background, through study on the owner less property determination condition, belonging and responsibility of the damage, in order to form the theoretical system in China civil law theory. Since the owner less property problem in essence is a category of ownership in property law, not merely as a part of ownership, and should be studied as a special topic domain. Since "the property" and "ownerless property" both "in half of ownership ", then give them the equal position is concerned to be important. |
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