Legislation Research On Nullius Preemption

Nullius preemptive system derived from Roman law, the most basic kind ownership of the original acquisition mode. Since Roman law take preemptive legislation of liberalism,with the progress and development of the times,nullius legislation also changed.France identified the preemption doctrine legislation,while Germany and Japan established a dualism legislation. Throughout the foreign legislation, preemption system has been recognized and accepted by the vast majority of countries in the world.Ancient China also has about preemptive legislation,and has been continued to the Republic of China.Today,however,the law of People’s Republic of China puts preemptive regime outside the door of the law.This is a direct result of the occurrence of similar disputes in ebony,gold nugget and other objects,the judge is difficult to make a legal decision. I believe that,by its nature,first,ebony is not a collection of mineral elements,not large-scale development and utilization,which can not be identified as mineral resources;secondly,,ebony is due to the action of natural forces and buried in the ground for thousands of years before the formation thereof,due to human factors and buried somewhere buried in a treasure trove also differs from the provisions of the law,so that it does not belong to the treasure trove;finally,ebony is not a land of natural output,and They are buried underground by a particular species of trees through the millennia formed the role of geography,and natural fruits of the law is different. Therefore,the author believes that the ebony as ownerless is most appropriate. The nugget was discovered as a surface material,it will not treasure trove and;secondly,it is only one,not the large scale development and utilization of mineral or element assembly, which was identified as mineral resources irrational,it will defining the most appropriate nullius. In recent years,ebony and gold nugget dispute continuousl,the same as ownerless. resulting in judge in the judgment of the ownership,is unable to achieve the real laws. It will also make the authority of the court has been questioned.In order to solve this dilemma no legal basis,the author give a deep theoretical analysis of nullius preemptive regime,reference modern national legislation and our ancient legislation on nullius, which describes the necessity and great value to establish nullius preemptive system in the law in future.In addition,the author also study from the perspective of circular economy and the environment protection twoaspects to discuss the establishment of a preemptive system which can bring benefits,and the system of preoccupation can promote the scavengers of enthusiasm, the positive to pick up waste and the classification of waste,which not only can save resources,greatly promote the recovery and cyclic utilization of resources,but also indirectly protect the environment and avoid pollution aggravated.Based on comparative analysis,the author believes it is necessary to establish a preemptive system in Property Law.And in the current civil law codification work in full swing,it is necessary for us to pay attention to the importance of the system of preoccupation.I would like to take this opportunity,improve the codification of the civil code of our country.