“Pengzhou Ebony”:The Legal Analysis Of Pre-occupation

In February,2012,Wu Gaoliang who lives in the town of Sichuan Province found huge ebony which valuations of millions.Tongji town government thinks the ebony state-owned and Wu Gaoliang thinks the ebony should to be his own.Then the case of Pengzhou ebony has caused a heated debate in academia.The reason is that the unowned property(ebony)involved in the ownership,directly reflects the legal interests of relations between state ownership and private ownership of conflict.The ebony case has already in the past five years ago.The sense of the argument is that it directly reflects the current market economy legal defects and orientation deviation.After decades of development of market economy,our country now the legal value orientation gradually return to the orbit of "respect and safeguard human rights",the protection of private ownership even more urgent.Today,we began to more and more likely to use public or private leads to the idea,even more and more towards marketization of the modern concept of civil society.In today,this is the core value of our society is no longer everything down,but a variety of interests leads to concurrent,or economic prosperity and social great richness.In addition to the introduction and conclusion,this paper is divided into five parts.In the first chapter,focusing on the first instance verdict and two defects are described,which leads to the core focus of the case and who owns all the property of ebony;In the second chapter,put forward should be identified as ownerless ebony;in the third chapter,through the legal analysis of the dispute in this case that the ebony ebony attribution,ultimately should be identified as ownerless and applicable to the preoccupation to determine its ownership;The fourth chapter will focus on the preoccupation of theoretical basis and practical significance of the system of legislation in China the detail;The fifth chapter for China how to establish and improve the preoccupation system in-depth study.