Study On Hani Preoccupation Custom In Our Country

Preoccupation system is an ancient legal system of property acquisition, originating from Roman law, and was used by most countries in the world. However, the preoccupation system has not been built into the civil law system in our current legislation. As the property law being established, does it mean the end of the discussion of the preoccupation system? The answer is no. In our real life there are still a lot of facts of preoccupation, especially in some area of minority nationalities in Yunnan province. The Hani preoccupation habit is widely used in the practice of production and life. In the study of preoccupation system theory, most of the attention was paid on the issue of the regulation in statutory law but not about the customary law of ethnic minorities. As the Chinese civil code is being set up, it is necessary to research on the customary law of Hani nationality in order to complete the preoccupation system. How to know Hani preoccupation customary practice correctly by rational altitude? How does the Hani preoccupation customary law run on the legal practice level? How to handle the relationship between the custom in ethnic minority group and the statutory law? This paper is of great importance in the process of building a socialist country with Chinese characteristics and will be beneficial for setting up and improving the future civil code of our country.This paper consists of six parts:The first part is overview of the Preoccupation system. Preoccupation system originated from Roman law, and is used and recognized by most countries in the world by now. Firstly, the content is about research on the Preoccupation system in the west and preoccupation system in every Chinese dynasties to have acknowledge of the historical origin of the system. Then the focus would be on the concept and constitutive requirements of the system, with the comparison among the regulation of the lost-and-found objects, the finding of hidden property system and the acquisition prescription system to discuss the specific differences among them and to finish the further understanding of the system especially to prepare the background knowledge about the customary law in Hani minority.The second part is the present situation of the preoccupation system custom in Hani ethnic group. First of all, the content includes the analysis of preoccupation system, such as the main content and type of custom in Hani nationality, then analysis on the scope of the res nullius mainly including, movable property and immovable property. In the end of this part, the writer points out validity of the real effect in Hani preoccupation system. This part mainly introduces the current situation of Hani preoccupation custom on the purpose to make us to have a basic knowledge and understanding of the preoccupation system in Hani ethnic minority nationality.The third part is about the comparison between the Hani preoccupation custom with it in other ethnic groups. Through the comparative analysis of Hani preoccupation custom, Yao "Mao Biao" custom, and De'ang "Occupy" custom to research the similarities and differences among those custom.The fourth part is mainly about the rationality and feasibility analysis of the Hani preoccupation system. The discussion will be started by the analysis on the issue of the reasons of system generation and development to point out the objectivity and rationality of such custom. Following the scientific analysis of this custom from the aspect of value argument to find out the scientific nature and the importance of preoccupation system in Hain minority group.The fifth part is about the nature of the operation of Hani custom in the judicial practice. Firstly it is demonstrated that national custom in the ethnic minority is regulated in local statutes. In the autonomous regulations relating to customary law in ethnic groups, there are positive sides and shortcomings at the same time. Then combined with the concrete cases, analysis of the operation of Hani preoccupation custom in legal practice including, the direct supplementary application of the preoccupation custom in judicial practice, the reasonable treatment for preoccupation custom in the local rules and regulations, and the important role preoccupation custom played in the mediation mechanism. All of the aforesaid of Hani preoccupation system embody the state enacted law.The sixth part is about some suggestions raised by the writer for the development of preoccupation system in China. Firstly the writer points out the current legislation of the system and some disadvantages. Then to respect ethnic habits, it is necessary to strengthen the state enacted law as a guidance for the regulation in Hani minority group. Aiming at the legislative level and judicial level, the writer put forward the idea of integration of all the ethnic minorities' custom and the enacted law. Finally, the writer makes two main suggestions for establishment of preoccupation system in future civil code and makes Hani preoccupation custom for reference, including the scope of subject and object scope in the system of preoccupation.