Research On The Legal Attribute And Ownership Problem Of The Ebony

Ebony case in Pengzhou, sichuan caused widespread concern in society, because of its huge value. But our country current law has not qualitative to ebony this particular product, so for ebony became the media on the ownership of the time of the heat, scholars dispute, the court’s problem,and the suffering of people. From the pengzhou, sichuan ebony case in as an example in this article, from ebony qualitative analyzes relating ebony legal property dispute views from civil law, property law or jurisprudence theory, through case studies, methods, literature analysis, exploration discovery in our current legal system to resolve the plight of ebony attribution problems faced, then put forward feasible countermeasures. The first part does a detailed analysis of a typical case of dispute ebony, according to Pengzhou Wu Gaoliang case of this particular product ebony formation process and the value of doing a detailed description of the case has been re-review. At the theoretical level with China’s legal system at the present stage of combining foreign legislation, ebony properties and artifacts, mineral resources, treasure trove, natural fruits, no one compares the main thing, to find applicable laws and regulations, rules and so on. Ebony ownership issue summarizes the existing three positions, one is government-owned, said the representative, on the other hand is a personal and private users for representative said, and finally come to a neutral, said the current situation and to resolve the plight of important position. By contrast the foregoing, property rules ebony from three relevant principles of law to start doing its attribution deeper analysis, the first principle is consistent with the rights and obligations acquired by Wu Gaoliang to explore irrationality ebony ownership, the second is the principle of fairness suitable for solving disputes ebony case has practical significance, and the third is the government administration insisted good faith. In the better protection of this rare resource ebony paper also puts forward the countermeasures and proposals, such as how to improve the relevant legislation(to establish the necessity of accounting system), to give incentives discoverer recommendations. Ebony drawn by the author of the preceding analysis nullius and within operational range of national, collective and individual tripartite there is expedient conclusion. In the case of underground finding increasing more and more ownership disputes, the legal theory of astronomical ebony case involved, the nature of ebony, the existing legal system and legal provisions related research is significant. Clarify the ownership of ebony and other underground finding help improve the country’s civil law, property law system, providing helpful comments and suggestions for improvement of the socialist market economy and legal system.