System Of Attribution Nullius

In early human society, relatively low productivity, fewer human resources, relative tothe time of the people, the oversupply of natural resources, people can freely enjoy theirpreemptive items are not hindered by others of their rights. But with the development of theproductive forces and technological innovation, scope and number of natural nullius less andless, in order to reduce the life of the dispute, establish bona attribution system is necessary.This paper is divided into four parts, the origin of the first part and the second partdiscusses nullius attribution system and its specific provisions in civil law countries; third partdiscusses our existing nullius attribution system; Part IV discusses and suggestions to improveour nullius attribution system.Part I: Origins nullius attribution system.Nullius attribution system originated in Roman law, the "Institutions" and "digesta"Roman Law and other provisions can be found in the monograph on nullius attribution system.Overall, we Roman law stipulated nullius including treasure trove, in the natural freedom isnot controlled by any one thing, and out of sight of the owner is not the owner controlledsubstance, which is owned by preemptive owners.Part II: The main civil law countries nullius attribution system.Of the19th century, France and Germany have established a bona attribution system inits "French Civil Code" and "German Civil Code". In the "The French Civil Code "providesno inheritance owned by the state, the other nullius their specific nature to the localgovernment or individual. But even owned by the state or local government-owned nullius, allcitizens have the right to use. The "German Civil Code" provides that in addition to nulliuswithin the scope of public institutions and public transport, and not without the activeproduction reverted to the state, the other is owned by bona discoverer or preempted by all."Japan’s Civil Code" provides in addition to, not without active production owned by the state,the other nullius discoverer or preemptive owned by all."Taiwan’s Civil Code " provisionswithin a certain period of unclaimed lost property owned by Lost all, a treasure trove ownedby the discoverer of all, no active production normalized preemptive owners.Natural property rights theory emphasizes ancient Greece to respect the rights ofindividuals budding obtain property ownership through preemptive; mid-18th century, Proudhon ’s anarchism, which advocates personal sanctity of private property, the state cannot arbitrarily plunder. The above theory of civil law countries nullius attribution systemprovides a theoretical basis.Part III: discusses our existing nullius attribution system.Under the planned economy, the country’s main task is to restore production, promoteeconomic development, and implementation of a comprehensive public ownership of themeans of production to the development of China’s social and economic contribution of acertain strength. But nullius regime nationalized all the damage to some extent, the peopleinvolved in socialist economic construction initiative and undermine people’s individualownership concept. In the present stage of China’s socialist market economic system, theoriginal system has been vested bona suited to the development of social economy, and for theestablishment of what form of attribution in our nullius system, jurisprudence is controversial,indeed eyes of the beholder, wise see wisdom.Part IV: discussion of the main things without attribution and recommendations toimprove the system.No initiative to establish a preemptive production normalized by all the socialist marketeconomic system, not without active production owned by all countries attribution systemfirst has some practical significance: on the one hand helps to reduce unnecessary lifeproperty ownership disputes, on the other hand help to promote the best use and recycling ofresources. Secondly great theoretical significance: one in favor of improving the existingsystem of property law to adapt to changes in the international and domestic situation; hand tohelp rebuild our country’s socialist moral system, build a socialist harmonious society.China’s current legal ownership of the property into state ownership, collectiveownership and private ownership. In China established nullius attribution system should bedifferent requirements depending on the type of ownership, nullius according to their specificnature (movable and immovable) belonging to different subjects. Also, according to a treasuretrove of special circumstances, drift, unclaimed lost property, as nullius when should establishspecific nullius attribution system.