An Analysis Of The Preoccupation Legal System

As one of the traditional theories of property law,Preoccupation System,since starting from Roman law as a legal system established,still exists in the civil law of many countries nowadays.When constructing Preoccupation System,many factors must be considered.The legislative branch of each country always combines with national conditions and contemporary social reality,inheriting and absorbing Preoccupation System critically,rather than simply absorbing and using it.All of them attach importance to theoretical construction.The construction and improvement of any legal system can't be done overnight,it updates constantly with the development of The Times.However,in our country,General Principles Of The Civil,Property Law,both of them don't include Preoccupation System.The author tries to study Preoccupation System to make people form a fair and objective understanding of Preoccupation System,and realize the necessity and feasibility of Preoccupation System's construction in China at the present stage.The author also attempts to propose several constructions.This paper comprehensively uses historical analysis methods,comparative analysis methods,normative analysis methods,value analysis methods,and theory-to-actual methods to examine the development of the Preoccupation System in the two major legal systems.With the accordance of China's national conditions and relevant laws and regulations,corresponding suggestions are put forward.In addition to the introduction and conclusions,this article consists of four parts.In the first part,we first define the connotation of Preoccupation System,then analyze its legal nature and its constitutional elements,and discuss the rationality of Preoccupation System based on its theoretical basis to form an overall understanding.The second part introduces the Preoccupation System in the two major legal systems,the choice of legislative styles in different countries,and different and the same rules of Preoccupation System.Through the study of the Preoccupation System of the two major legal systems: it is necessary to recognize that the legislative confirmation of the Preoccupation System is the trend of the times,and at the same time we must pay more attention to the differences in details,by researching the differences between the legislative concepts and values behind this details,it will be helpful to build Preoccupation System in China.The third part discusses the necessity of the Preoccupation System through the disputes in the judicial practice and theories,and analyzes the relevant theoretical viewpoints.Besides,through the citation of historical data and enumerated methods,we introduced the relevant provisions of China's Preoccupation System since ancient times,and elaborated the historical reasons why China's Preoccupation System was not included in the legal system.Finally,from the perspective of economic and legal analysis,establishing the Preoccupation System in the existing legal system already has an economic basis and a legal basis.In the fourth part,according to the status quo of our country's legislation,through the combination of the author's own understanding and the problems in the judicial practice,the proposal of Preoccupation System legislation is proposed from four aspects.These four aspects mainly refer to the selection of the appropriate legislative model,the establishment of the Preoccupation System of the limited requirements,clearly Preoccupation System of the subject,accurately grasp the scope of the preemptive subject;determine the scope of application of the Preoccupation System.This article mainly proposes its own Preoccupation System,and hopes that it can enrich the research of Preoccupation System theoretically,and it can help or provide reference for China's future legislative work and judicial practice work or study the Preoccupation System related legal issues.It is of great significance to protect the rights of preemptive people.Only in this way,resources can be used to the maximum extent.It can stabilize economic order,and promote the development of circular economy.It also plays an important role in protecting private rights and restricting excessive intervention of public power.and it is good for increasing the credibility of the judicial system and building a socialist country under the rule of law.