Construction Of Nullius Preemption In Our Country

The system of acquisition without subject acquisition has a long history.It first originated in the Roman law.The Roman law first converted the principle of preemption from customary law to statutory law,which is one of the original ways of obtaining ownership.The Roman law adopts the liberal style of legislation,emphasizing the freedom in which people respect and respecting human freedom of will.The Germanic law inherited the preemption system of the Roman law,but it inherited and developed the system.In the Germanic law,it emphasizes the legality of preemptive behavior.With the advancement of the times,the pre-emptive legislation in Roman law has gradually derived the preemptive mode of preemptive rights and dualism represented by Germany and Japan.The preemption system has gradually been recognized and accepted by most countries in the world.In ancient China,there were many rules similar to the preemptive system.During the period of the Republic of China,it was also a relatively perfect rule to draw on foreign law.In the early days of the founding of New China,some scholars proposed that the system be written into civil law.However,until now,this issue has been rejected outside the law.In the process of progressively improving civil law,there have been many cases related to preemption.Because there are no appropriate legal provisions that lead to a series of contradictions that cannot be properly resolved,they are ultimately delivered to the state without exception.This not only results in the loss of the civil law system,but also intensifies the contradictions between the government and the people,and affects the social harmony and stability.Therefore,by analyzing the basic status quo of China's current preemptive system and the ownership of the pre-occupied property,there is still a lot of controversy,and some author's personal suggestions are proposed for the construction of China's preemptive system.This article removes the preface and conclusion,which mainly includes five parts.In the first part,through the brief introduction of the basic case of the Sichuan Wumu case,the question of the case,namely the attribute of ebony,is elicited,and the current mainstream view is demonstrated one by one.In the second part,the authorsummarizes the concept,nature and composition of the preemptive system.In the third part,it examines the history of the preemption system in China,and then analyzes the status quo.It also points out that China's preemption system is flawed and the drawbacks it brings;In the fourth part,by analyzing the relevant provisions of the preemption system in each continental law country and the Anglo-American law system of the extraterritorial domain,through comparative analysis,the author selects the more authoritative viewpoints,and sums up the beneficial experiences and lessons for the establishment of China's non-subsistence preemption.In the fifth part,the author analyzes the value and feasibility of the preemption system and analyzes it in detail from the following aspects: the establishment of the preemption system,the scope of application,restrictions,constituent requirements,legal effects,and legal responsibilities.The establishment of China's preemptive system put forward constructive legislative proposals as well as my personal opinions.