The Construction Of China's Ownerless Preoccupation System

The emergence of Sichuan ebony case caused social uproar?Ebony has great value,Affected the discoverer and people's nerves,and posed a great challenge to our law.The property law is a special adjustment of the relationship between property rights law,the ownership of the matter seems to have been easy.However,when the object of ownership changes from low-value waste to high-value ebony,the provisions of the property law are too tight to justify itself.It took more than a year for court to give the verdict on the Sichuan ebony case.But the parties and the people do not seem to be satisfied,and formed a huge contrast among government,both sides don't let each other,Academic circles are also controversial.The reason lies in the dispute over the ownership of ebony.Who is the owner of ebony,discoverer or the government?In the face of ebony this kind of special things,what kind of legal system should be applied and constructed in order to settle disputes,give a convincing answer.There is no doubt that the ownerless preoccupation system is more conducive to resolving such disputes.Ebony is a kind of subjectless.When the discoverer meets the relevant requirements,the law gives rights to obtain ownership of ebony for discoverer.However,there is still a blank in our country's law on the acquisition system of ownerless property,which has to be regretted.The ownerless preoccupation system has a long history.From Roman law to the ancient legal provisions of our country,it occupies a significant place.In modern times,ownerless preoccupation system is still an important part of the different legal systems.From France and German to Britain and America,it provides references for our country to construct the acquisition system of ownerless preemption.ownerless preoccupation system contains the legislative value of equality,freedom and order,which shows its important function of protecting the rights of private law.With China's reform and opening up and the continuous development of market economy,the situation of social life has become more complex.Many new things,especially the development of network information technology,greatly promoted the emergence of new ownerless.The legal blank about ownerless subjects not only affects the integrity of the civil law system in theory and challenges to the civil law theory in China,but also makes judicial practice at a loss.How to construct this system includes three aspects:the legislative mode,constitutive requirements and the introduction of legal provisions.In the legislative mode,we use the binary legislative example to distinguish the ownerless object into movable property and immovable property.The four elements are applicable to the constitutive requirements.Its provisions may be applied only if the following requirements are met:the subjectless,the movable property,subjective self-possession and preemption of the actual possession and control behavior.At the same time,with the increasing demand of the society for the development of the legal system,Real right,which needs to be improved as soon as possible in order to develop specific laws and regulations,is one of the closest legal rights with people's rights.The confusion of ownership of ownerless objects no longer affects the people,eliminates the unreasonable interference of the state public power on the private rights of individuals,and overcomes the weakness that all ownerless objects are owned by the state.