On The System Of Obtaining Timeliness

Acquisitive prescription comes from the Roman law at first. At the modern times, it is common in most Civil Law countries, Even the Common Law countries also have the concept of adverse possession which is similar with acquisitive prescription, but it is empty in our country's legislation. There are many different opinions about the necessity of the acquisitive prescription system between the theory and practice fields, the research on prescription system can improve the extension of the property law system structure and it is also crucial for theoretical study. This thesis attempts to study the topic which is full of practical significance and theoretical value, from the theoretical, empirical and system aspects,conducts a comprehensive analysis, so as to reveal the value of its existence,then can be a great benefit of improving the system of property rights and prescription.The thesis is divided into four parts.The first part is the history and development of acquisitive prescription. Through the investigation of the generation and development process of the prescription system, the social development and progress need to be backed by clear property right, acquisitive prescription is the necessary legal adjustment when the ownership is unclear, so it is a necessity of social development.The second part is an overview of acquisitive prescription. Firstly describes the generic concept, definition and connotation of acquisitive prescription. Then describes that the constituent elements of acquisitive prescription which is possession and legal period, besides this, it is an original acquisition way of property rights. The complete and deep analysis of the system can help to reach greater understanding of the prescription system.The third part is the academic debate on the establishment of acquisitive prescription system. This section introduces the legislative situation of the acquisitive prescription in our country. It summarizes various reasons of scholars about the question that if our country should introduce this system, points out the specific focus of debate what the scholars propose theoretically on this issue, to enhance the understanding of acquisitive prescription.The fourth part is our country should establish the system of acquisitive prescription. From the theoretical point of view, analyses the rationality of acquisitive prescription system; From the perspective of institutional structure, through a comparative study on the related systems, to sum up its unique value and significance; From a practical point of view, explain practical value to obtain the prescription system and explore its specific application space, which has double meaning, on the one hand, in view of the problems caused by the existing legal vacuum, acquisitive prescription system is the solution, on the other hand, from the angle of that the acquisitive prescription system has a very important practical significance with solving specific problems, to provide a more adequate demonstration for the necessity of introducing acquisitive prescription system into our country.