On The Establishment Of Chinese Acquisitive Prescription System

Acquisitive prescription system is a property system originated from Rome law,which is still widely applied in many countries (regions).Our country is influenced greatly by the former Soviet Union legislation,has denied the acquisitive prescription,but with the gradual deepening of legal research,the importance of acquisitive prescription is concerned.The introduction of civil code is getting closer and closer,and the research on acquisitive prescription construction has realistic meaning.This article uses the analysis and the comparison method to the acquisitive prescription system,discusses how to construct our country acquisitive prescription system.For countries to obtain prescription system for reference and try to explore the construction of acquisitive prescription system.This article is divided into four parts,the first part is to analyze the reasons for the construction of acquisitive prescription system,that is why our country should build acquisitive prescription system.By briefly describing the dispute of acquisitive prescription in Chinese academic circles,the author makes a brief introduction to affirmative and negative theory,and finally points out that China should construct the acquisitive prescription system.The second part of the countries(regions)have a comparative study of prescription system,respectively.A comparative study of France,Germany,Britain and China's Taiwan region of the prescription system,get to our acquisition prescription construction of inspiration and reference.The third part is the legislative choice of acquisitive prescription system in China.Although the cube is not part of the building,but it is important to build the acquisition must involve important content.From the perspective of the unity and separation of international legislation,the author suggests that China should adopt the legislative model of separation.The fourth part is the most important and the longest content,is the construction of acquisitive prescription system.By comparing and analyzing the specific provisions of acquisitive prescription in various countries (regions),this paper puts forward some concrete rules and regulations in terms of constitutive requirements,scope of application,rules of calculation,effectiveness and so on.