On The Cognition And Attribution Of Ownerless Property

As an enduring research topic in the field of law,real right has always been favored by scholars.Among them,the identification of ownerless property and the ownership of rights are important issues that need to be solved urgently at present.By reviewing the relevant information,we know that most of the studies on ownerless property are about the system of ownerless property preemption,and most scholars are more interested in the legislative issues of ownerless property preemption acquisition.There is a lack of focused discussion and Research on the legal nature of ownerless property,the classification of ownerless species in reality and the ownership of ownerless property rights.Looking at the relevant research on ownerlessness in the legal circles,there are many different opinions and it is difficult to form a consensus.From the perspective of the protection of citizens' rights in the new socialist era,the author makes a thorough discussion on the identification and ownership of ownerless property.The first part is the introduction.Based on the background of the ebony case,the author points out that the focus of the dispute in this case is the uncertainty of the legal nature of ebony and the confirmation of the ownership of ebony.Through introducing the Wumu case,it points out the significance of this study,that is,to perfect the real right law system,fill in the legal gap and realize the real right of one thing and one right.The most important thing is to find a way to solve the embarrassing situation caused by the judge's inability to confirm the ownership of the ownerless property,so as to ease the contradiction between the state and the people's interests.Furthermore,before studying the related issues,we must know the predecessors' opinions on this issue.Therefore,the author made a review of the research at home and abroad,analyzed the different views and practices on the identification and attribution of the ownerless at home and abroad,and made a comparative analysis of the two.Then,with the understanding of the views of the predecessors,we have a clearer understanding of the current problems in reality,and then clearly put forward the relevant issues.At last,the paper explains the ideas and innovations of this research.The second part is the identification of ownerless property and traceability ofownership system.After finding the problem,the author further explores the legal provisions and practical practices of ownerless property ownership in Western history,then introduces the development process of ownerless property in Chinese history,and then makes a verdict analysis of the cases related to ownerless property that have been decided by the court in reality.Through the understanding of the identification and traceability of ownerless property at home and abroad,the author intends to summarize and analyze the common points of domestic and foreign practices,draw out the thinking of avoiding the identification and attribution of ownerless property in our current law,summarize and analyze the reasons,and then put forward that it is necessary to establish the identification and attribution system of ownerless property as soon as possible in our country.The third part is the typification analysis of the ownerless.This part is mainly to explore the identification of the Ownerless and find out the difficulties of the identification of the ownerless.The difficulty of identification is clear.Finally,a classification of ownerless objects is made.The ownerless property can be divided into different types according to different standards,for example,the basic classification of property is divided into movable property and real property,but the author believes that the ownership of real property rights in our current law has quite complete legal provisions;and the ownership of movable property rights is controversial,so the author does not think that this classification is necessary;Based on the comprehensive analysis of ownerless objects,it is considered that they should be divided into two categories,that is,the original ownerless objects and the subsequent ownerless objects.It is easy to understand that there is no owner from the beginning,such as ebony buried in the ground,wild rabbits and so on.In this paper,the author roughly classifies it into three categories: discarded objects,unclaimed lost objects,buried objects or hidden objects that are unknown to all.In addition,detailed identification instructions are given to clarify the conditions that should be met when all kinds of things are identified as ownerless.The fourth part is the improvement of the system of identification and ownership of ownerless property.The problem of identifying ownerless property has been solved,and then the problem of ownership of ownerless property has been solved.On the onehand,the law has quite complete provisions for real estate resources,such as land and buildings,and the current law is in line with the national interests and social development requirements,which will not be discussed here;on the other hand,on the contrary,most of the non-active property still lacks feasible legal provisions in line with the national conditions,so it is particularly important to find a solution to the ownership of ownerless property rights.It is important.On the basis of the above part,the author makes a simple analysis of the ownership of the ownerless property rights,and puts forward the rules of identification,so as to provide reference for the establishment of the ownership system of the ownerless property rights in the property law in the future.At present,the research on the related issues of ownerless objects is still in its initial stage.In order to make the society have a clearer understanding of the ownerless thing,it is necessary to legislate on it and clearly define the identification and ownership of the ownerless thing from the legal point of view.Such an approach,on the one hand,promotes the harmonious coexistence of the state and citizens,on the other hand,is more conducive to the co-construction of a society ruled by law.The identification of ownerless property and the system of ownership of rights are indispensable chapters of China's real rights.