Theory Of Buried Discovered The Value Of System And It’s Legislation In Our Country

The discovery of the buried objects that dates back to the Ancient Rome Time.In the long history,the system has been adjusted by different legal systems......Until the time of the Hadrianus,the system has become the main content of the Rome law.At present,the system has not only been developed in various countries and regions,but also has an important position in the field of civil law.Our country has occurred in the case of ebony nationalization caused widespread discussion of the community.On the one hand,it shows that the system has a wide range of practical value in China.On the other hand,it also shows that the system has obvious shortcomings in China’s legislation,which needs further improvement.In this paper,the "high price ebony case" in Pengzhou City of Sichuan Province as an entry point,the system will be discussed in depth.First of all,through the analysis of the legal property of ebony,the author finds out the rationality of the.Secondly,through the definition of the buried object,describes the main features of the buried objects,and using the method of comparative analysis between interpretation of buried objects and other related concepts,so that we have a clear understanding of the buried objects.At the same time,through the discovery of buried things value orientation of the system to explain the legal basis,the value orientation mainly involves three aspects: one is the value of the balance of interests,ensure that the unity of rights and obligations;two is the value of justice,safeguard the legitimate rights and interests of people found;three is the efficiency value,the efficient settlement of disputes and saving society resources.Although the system has not been paid much attention to in our country,the occurrence of such disputes will certainly make the system develop.Thirdly,it discusses the legislative provisions of the ancient and modern system of the discovery of the buried objects.It is worth noting that,from ancient times to the present,our study of the system has never stopped,which confirms the legal applicability of the system and its important value.Finally,through the analysis of the deficiencies of the discovery system of buried objects in China,the author analyzes the political,economic and cultural reasons.Then from the definition and ownership of the buried object related to the practice of all countries and regions of the world and puts forward to perfect our legislation system of discovery of buried things: one is to define the scope of buried objects;the two is to clear the treasure trove of facts;the three is to perfect the buried object discovery system related legislative procedure for example,registration,notice and claim procedures;the four is to improve the human reward request power system,correct the imbalance in the discovery of buried things in terms of rights and obligations.It is hoped that the author’s suggestions will be helpful to improve the legislation of the discovery of the buried objects in China.