The Construction Of China’s Derelict Preoccupation System

The real life is changing all the time and complex. There is no one civil law rules can be all-encompassing, by many experts to participate in, geared to the needs of social consultation, after more than ten years and promulgated for adjusting content of<ownership of the property law> in China points check for nearly six years, but "pengzhou day price ebony case" in sichuan. One party the ownership of the ebony argues several times, still no impressed people from all walks of life’s final verdict.No advocate content of title first principle for affirmation of personal interests and our country has long been emphasized between public power and public ownership conflicts of values, is a major cause of sky-high ebony ownership is difficult to determine. Out of ebony case, it is this conflict caused the civil law of our country’s dilemma: the property law to avoid "preempt" 2 words, but in social life acquiescence to widespread of behavior. Pengzhou sky-high ebony, altogether has more than a year,from sichuan "pengzhou ebony case " can be seen, the parties concerned and has a huge contrast between public opinion and the government point of view, the two sides remain impenetrable, although the court ambiguous results can be accepted in the sense, but had to arouse people to the problem of the main content for further rational reflection. The cases not only not reduce the theory to the legislation of unowned thing; instead let established unowned thing calls for legislation to high. Therefore,this article is based on "pengzhou ebony case" through the case, controversial clarify the definition as well as to the nature of the ebony, puts forward the construction of our country without the main content of a system first, and expand the unowned thing first in-depth exploration of a system, including the meaning of the concept definition,system theory origin, the relevant provisions of the countries of comparative analysis,compared with the similar system, etc., put forward to construct including our country without the main content of system components, first the object scope, such as the basic ideas. By means of this article the author studies is limited, but still would like to express the heart strong desire to establish unowned thing legislation, and hope that our country can make up as soon as possible without ownership restrictions on the main content of vacancies, cut off the national public power to impose in the shackles of personal private rights, reveals the real justice...