The Basis And Path Of Constructing The System Of Acquisition Prescription

Acquisitive prescription means that the possessor keeps the ownership of other people's property in a peaceful and public manner,and maintains that status for the legal period,then he/she gets the ownership or other rights of the property.In ancient law in Roman,the acquisitive prescription system existed already,which has had a profound influence and was inherited by most civil law countries such as France,Germany and so on.However,in our country,the system has been ups and downs,but it has not yet appeared in our civil legislation.Acquisitive prescription system is of great importance in system design,which has played an important role in maintaining the social economic order,guaranteeing the safety of transactions,promoting the use of property and improving the efficiency of the civil trial.What causes the acquisitive prescription system to be so ill-fated in our country? Is prescription really useless in our country,and should it be abandoned? This paper takes the topic of prescription acquisition,analyzes the system value,application space and the realistic need of our country and refute the views of scholars who oppose the establishment of the system.In the end,the paper tries to make some suggestions for the key issues in the system design.The first part of this paper studies the related basic issues of acquisitive prescription,including its implication,constitutional requirements and legal effects,and reviews the development process of acquisitive prescription in China.The second part,on one hand,studies the value of the acquisitive prescription system in terms of the stability of the economic order,the improvement of the use of goods,the perfection of the civil law system and the settlement of civil disputes.On the other hand,this paper analyzes the practical needs of this system in our country from the judicial needs and the actual problems.At the end of this part,this paper refutes the main views of scholars who oppose the establishment of the system.In the third part of this paper,by studying the legislative of other countries and regions,and combining the reality of our country,this paper puts forward some suggestions on the controversial problems in system design.Finally,this paper holds that the system of prescription acquisition is of great significance for improving civil law system,making up for deficiencies in related systems,and promoting economic development and social stability.Opponents' views should not be supported due to inadequate reasons.With the development of the modernization of property law and the improvement of real estate registration system,the prescription acquisition system should be established in our country as soon as possible.Meanwhile,we should also refer to foreign legislation to carry out the system design which is in line with the national conditions of our country.In summary,this paper holds that the prescription acquisition system can improve the civil law system of our country and make up for the deficiency of the relevant system.It is of great significance to promote the development of China's economic development and maintain social stability.The so-called "system obstacle" of its negatives has many flaws and imprecise points,which can hardly stand deep scrutiny.Under the background of perfecting the legal system of socialism with Chinese characteristics and modernizing the property law,China should establish the acquisitive prescription system in accordance with the national conditions of our country as soon as possible.