Research On The Acquisition Limitation System In Late Qing Dynasty And Republic Of China

The first 50 years of the 20th century in China's legal system changes in the colorful history of the river is absolutely worthy of study and analysis of a process.In the process of innovation and inheritance,how to complete the proper integration and symbiosis between the civil law system and the Chinese law system,naturally,it has become an inevitable problem in the evolution of legal system.And the acquisitive prescription system is the gradual emergence and development in the process of the integration and development of the rule of law.Because of the tradition of using the Soviet legal system for reference after the founding ceremony of the People's Republic of China,the current civil legal system in our country tends to exclude the term "acquisitive prescription",which only provides the limitation of action.But it is precisely because of this reason,because of the lack of the acquisition of prescription system,resulting in their own property long-term possession and use of other people in the property on the right to create a state of confusion can not be properly resolved.Therefore,the research on the system of acquisitive prescription in the late Qing Dynasty and the Republic of China will be of great significance to the development of civil legislation and theory of Civil Law.As a way of acquiring property ownership,the system of acquisitive prescription will surely show prominent beneficial effect in the economic development of civil society.Therefore,the system of acquisitive prescription will be incorporated into the future Civil Code,to be an indispensable part of the civil code is what the process of civil legislation should realize.Not only that,because the acquisitive prescription is a sub-unit of the prescription system,it can link up with the limitation system organically,thus forming a complete prescription system together as the parent unit.As one of the ancient civil systems,acquisitive prescription system originated in ancient Rome.Nowadays,many countries and regions still adopt it as their specific system because of its scientific nature,the acquisitive prescription system is of positive significance in clarifying property rights and settling disputes.Moreover,the most important function of acquisitive prescription is to improve the efficiency and stabilize the social order.With the continuous development of the Base and the continuous sublimation of the base and superstructure,the legal circles have gradually dropped their research perspective to this system,and in the later civil legislation of China,we will certainly explore a acquisitive prescription system that is in line with China's current national conditions.This article is mainly from the end of the Qing Dynasty Republic of China period of the legislative situation of the acquisition of prescription to proceed with analysis and discussion.The system of acquisitive prescription was first established from the draft of civil law of the Qing Dynasty to the development of the draft of Civil Law of the Republic of China and finally to the evolution of the Civil Code of the Republic of China,the continuous change of civil legislation makes the constituent elements and connotation of acquisitive prescription system perfect and perfect gradually.Since there was no effective code in the late Qing Dynasty and the early Republic of China,the application of the theory of acquisitive prescription needs a lot of judicial practice.The judiciary issued a large number of judicial cases and legal interpretation cases at that time,so that the system of acquisitive prescription has been changed from theory to reality,and can be used in practical judicial practice.In practice,the advantages of the system are truly embodied,and the theory of acquisitive prescription can solve the practical problems.This paper also discusses the Basic Theory and Value Foundation of acquisitive prescription system,and analyzes it from its historical evolution,from the relevant system in ancient China to the modern introduction of acquisitive prescription From the comparative analysis of the development of our country and the legislation of the Western countries,the author makes clear the necessity and space of the existence of this system.This text is divided into four parts except the introduction.The first part is an overview of acquisitive prescription system.This part focuses on the system meaning and the main characteristics of usucapion system,and analyzes the system development source and the follow-up system evolution,understands the system value of usucapion,and further explore the historical evolution of this system in ancient China,from all aspects of the evolution of acquisitive prescription and the basic theory to grasp.The second part is the introduction and proper improvement of acquisitive prescription in the late Qing Dynasty.This chapter analyzes the legislative background and practical value of acquisitive prescription in the late Qing Dynasty,and analyzes the characteristics and significance of acquisitive prescription in the late Qing Dynasty from the perspective of history.The succession and acceptance of acquisitive prescription in the Republic of China.In the Republic of China,the Specific Statutory Provisions on Usucapion and its enlightenment to the existence and evolution of the relevant usucapion system in the subsequent Civil Law of the Republic of China.The fourth section is about the actual judicial practice of the acquisitive prescription system after it has been put into effect.First of all,this chapter analyzes the background of the change of the judiciary,through the understanding of the historical background as the basis,in-depth study of acquisitive prescription,for the reasons and content of the system need to be deeply understood,as well as the Republic of China period civil property right trial related legal origin carries on the elaboration.The comparison of acquisitive prescription system between China and Western countries.Through the comparison of Chinese and foreign legislation,through the comparative analysis of other countries to explore whether the acquisitive prescription system still exists in today's society,whether it can adapt to today's economic and cultural.Through the study,if we can in the future will be incorporated into the statute of limitations in China's civil code,it will be of great significance.