Study On Building Of Preoccupation System In China

As one of the ownership of the original way,preoccupationhas a long history.It originated from the civil law of Roman law.And it formed a perfect legislative cases andcases.Roman law adopted the legislative case ofPreoccupation Liberalism.Whether the movable derelictor theimmovablederelict can be obtained by preoccupation.Germanic law inherited thepreoccupation system of Roman law.But to a certain extent,it revised the law and it adopted the legislative case of Preoccupation Right Principle.It limited the subject of preoccupation and themovablederelict can be obtained by the state.Theimmovablederelict can be obtained by the theimmovablederelict that the law allowed.With the development of the times,the modern civil law developed a dual legislation mode that fitting thesociety.Nowadays,Manymoderncountriesadopted the dual legislation mode.Such as Germany,Japan,Italy,etc.Foreign preoccupation system has grown so mature,but our country law has not regulated this system.Although many civil law scholars have talked about the preoccupation system in their books.But in the end,there is no specific provision in the law in China.Lack of the preoccupation system lead to some problems about the society and the judicial application.Especially in recent years many derelict cases such as ebony economic case have occurred.But because there is no clear legal system in our country,it close the case for dismissing the lawsuit which harmed the interests of people.So building the preoccupation system has important significance.With the development of The Forth Plenary Session of the Eighteenth CPC Central Committee,it put forward the target of compiling the civil law code of China.Nowadays,our country has launched the compiling of civil law code.In this background,As one of the ownership of the original way,it is very importment to build the preoccupation system.So according to the situation of China,social economy development and civil legal system,it is very important to design a preempt system which be suitable to China's present situation.Through the Pengzhou Ebony Case,this paperanalysis and think it must build the preoccupation system in China.But the preoccupation system must suit the situation of China and must consider the society difference and culture difference between China and foreign countries.To build the preoccupation system that suit for he situation of China,this paper expound the choice of legislative cases,the constitutive requirements of preoccupation,subject scope and object scope of preoccupation and the limits of preoccupation.All in all,this paper hopes to cause the attention of people to preoccupation system,and contribute to our country to have more perfect system of preoccupation.