Acquiring Ownership Of Rare Unowned Thing

Since the Peng Zhoushi ebony case in sichuan province,has been hotly debated ebony the ownership of the problem,and in the folk and jurists from a larger dispute.The attribute of ebony, the current academic circles there are buried,minerals,wildlife,natural fruits,main content and cultural relics and other views,at present the mainstream view is ebony belongs to buried or concealed object is involved,such as Peng Zhoushi that ebony belongs to buried.But this paper argues that hidden objects buried in bricks, is he still buried himself, neither the qualitative change,is not part of the bricks,buried and buried it always should be two independent of each other,should not be any qualitative change after burial,the ebony is under the conditions of high pressure,lack of oxygen..combined with the role of microorganisms such as bacteria,after thousands of years and even thousands of years of carbonation therefore,ebony should not belong to buried.Ebony ownership boundaries, in the general principles of the civil law and property law and other laws did not find a accurate concepts to determine the attribute of ebony, at present in accordance with Chinese law also difficult to draw.For the average no advocate content,such as pebbles, branches, etc, because its value is extremely low, does not cause the dispute, only when there is no advocate content value is too high, can produce dispute, so, this paper tentatively defined the concept of a "rare unowned thing", as you can imagine, with the development of the society, there will be a similar rare unowned thing to produce a similar issue, the legal network of rare unowned thing only has become the focus of controversy. The nature of the ebony, during the period of the national law blank, should belong to the rare not advocate content. Rare and no special phenomenon main content is the legal blank period, main made way for state-owned or-preempt. Rare unowned thing, as the main body of two important countries and people, betrayal and cooperation are two important attitude. By comparing the model, as you can see the country, the people unilaterally betrayal is unilateral benefit maximization of the best model. The two sides to their respective interests, by their respective feasible means for their own gain, will eventually go mutual betrayal. A betrayal means betrayal of the other party, betrayal of reprisal. Still for revenge, people no longer report to ebony, but in private mining, private deals; country no longer self-surrender, but as long as I heard where there are large ebony development in private, publicly take ebony, nationalization. Trend towards countries take inevitably, people don’t report model of both betrayal. After repeated game, the two sides will gradually realize the interests of the betrayal is the most cost-effective, state and the public use of their advantages to form the fixed punishment mechanism. Punishment mechanism of the country is constantly taking more and more small, ebony, people’s punishment mechanism is constantly cutting, to avoid trouble. This continuous betrayal mode, is the prisoner’s dilemma model countries and people. Because the betrayal, so don’t trust, only the pursuit of immediate interests most. If both sides can cooperate, income is stable. From the perspective of game theory, the prisoner’s dilemma of the optimal solution is cooperation. Cooperation is based on trust, building trust is still the basis of perfect punishment mechanism and the interest for the future. Want cooperation, people and countries advantage position should be done firstly, people are the advantages of the specific operation ebony, advantage of the country is macroscopical management ebony. On the basis of the advantage position, people and countries established the basis of trust mechanism and punishment mechanism, for their respective interests, especially the future interests protection formed the foundation, embodies the principle of market selection and optimal efficiency. Cooperation mode, rare not advocate content should be recognized public preempt and operation in practice, and turn it into the market, this not only will not affect public ownership, can also to form a good incentive mechanism of ebony operation, can encourage trade, active market, increasing the income of people, the market will of ebony resource natural folk monitoring. Should play a role of national macroeconomic regulation and control, assist to establish rare unowned trading market, monitoring for unowned rare public preempt behavior; the levy of individual income tax of the first, monitoring of the first excessive mining;implementation of export restrictions, monitor the import and export of the rare unowned thing;levy a tax on consumer goods, monitoring the hype of the rare unowned thing;administrative law, criminal law protection, monitor the destruction of resources and environment; Special ebony paid tax system to ensure that scientific research needs. Finally based on the above discussion, ebony case personal opinion is given.