Study On The Pre-occupation Of Ownerless Object

In recent years, disputes caused by the ownership problems of ownerless object is not a few, and the lack of our country's present legislation also appear to be inadequate when dealing with such problems. Throughout the academic circles of domestic civil law,though advocates building the ownership of possession of ownerless object first occupy the vast majority of scholars, however, unfortunately, the much-anticipated "property law" still didn't give in to a system of a word. Since the famous "pengzhou ebony case" happened from 2012, the ownership problems of ownerless object has been wide attention by the society. Behind a series of "ebony event", reflect the unlimited compromises of the judicial practice in front of the public power in our country. Under the background of the socialist market economy, the concept of private rights is concerned and attentioned by more and more people, therefore, the buliding of the system of preoccupation of ownerless object must be imperatived. The article first start with the dispute of much unowned property rights, put the theory of the delimit of ownerless object forward, and then begin to introduce the basic theory of possession system, current situation of foreign legislates,the shortcoming of the domestic legislate and the finally construct of the regulation from the difficulties faced by judicial practices. Finally, from the point of view of judicatory practice, the system carried out a feasibility study.