Font Size: a A A

Preemptive System Research

Posted on:2017-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2356330512476265Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a way of acquiring ownership,preoccupation is began in the habit of primitive society and written in the later period of the Roman law,which determines the ownership of specification.Today,with the development and utilization of natural resources by excessive,unowned things become increasingly scarce and produces a large amount of dereliction in life.To this,many countries have regulated preoccupation in the civil law and made it become an indispensable part of the social life even its content is different.However,our civil law is shut out of the system of preoccupation for the cultural history background of Chinese legal culture,the traditional concept and thinking.It is necessary to research the dilemma encountered by constructing the system of preoccupation in our country currently and propose solutions to those problems by analyzing its value and content,further understanding its evolution in the history(vertical)and the regulation of the foreign legal system(horizontal),etc.--Based on the primary stage of socialism of the state,drawing on the practice of other countries,under the premise of unchanging the current law system,eliminating the ownership of the concept in the traditional society,changing the function of national financial power,according to the theory of ecological view advocate content(mainly refers to the crafty)in the role of circular economy,sharing ideas to promote social harmony and progress.Besides preface and epilogue,this article consists of four parts.The first part mainly describes the elements and the value in mind of preoccupation.By analyzing those,it proves that on the one hand preoccupation as a operable system possesses normative characteristics from the behavior of the structure,On the other hand preoccupation as practical system possesses good basic values from the legal value on the other hand.The second part mainly describes historic review and comparative review of preoccupation.By analyzing the situation of the evolution of preoccupation in the history and its application on different country,it proves that preoccupation has historical and practical significance of its existence whatever from understanding of history vertically or from comparing of different country horizontally.The third part describes the status of preoccupation in our country.By analyzing the dilemma preoccupation encountered in our country(it's mainly in the different understanding of public ownership and distribution according to work),it proves that preoccupation can occupy a suitable position from our existing legal framework.The fourth part mainly proposes an institutional way to construct the theory and system of preoccupation in our country.Based on the analysis of the three portions proposed above-mentioned,this paper proposes an institutional way to the theory and system of preoccupation in our country,which means that preoccupation that is adjust to China is constructed by changing the ownership structure and drawing usufructuary mode.
Keywords/Search Tags:Preoccupation, Private law and Public law, Institutional Way
PDF Full Text Request
Related items