我國先占制度構(gòu)建研究.pdf

1、學(xué)校代碼： 10270 分類號(hào)： 學(xué)號(hào)： 142502123碩士專業(yè)學(xué)位論文我國先占制度構(gòu)建研究 我國先占制度構(gòu)建研究專業(yè)學(xué)位類別 專業(yè)學(xué)位類別： 法律碩士 法律碩士專業(yè)領(lǐng)域 專業(yè)領(lǐng)域： 民法學(xué) 民法學(xué)作者 作者姓名 姓名： 阮強(qiáng)勇 阮強(qiáng)勇指導(dǎo)教師 指導(dǎo)教師： 環(huán)建芬 環(huán)建芬答辯日期 答辯日期： 2016 2016 年 6 月 1 日Abstract Shanghai Normal University Master of Philos

2、ophyIIAbstractPreoccupation has a long history, originated from Roman law, is one of theownership of the original way, then the system was Germanic law inheritance anddevelopment, later said by people's right to occu

3、py, until today, preoccupation is stillused by many countries of the civil code, such as Germany, Japan, Switzerland, etc.Preempt system is not only reflected in the civil law, also have to account for systemin internati

4、onal law.To preoccupation has been quite mature in foreign countries and play animportant role in the society, occupy also exists in China's practice of life habit, butnot preoccupation system in our country's le

5、gislation, so the first accounts for the lackof a system to our country also brought many problems: first, the system of exclusionof first means expanding scope of public rights, private rights of living space. Toomuch e

6、mphasis on state ownership, ignore the private ownership, and even in somecases to state ownership can sacrifice personal interests, goes against the principle ofequality of civil law; Followed by lack of system, first t

7、he narrow path of rights toobtain first, lead to possession of property law system is not perfect, is not conduciveto stabilize property law order of ownership and control purposes. Again, the lack of-preempt system lead

8、 to items in the first of unclear property rights, cut personalpassion leads to waste of resources. Especially in recent years, an increasing numberof waste by giving ownership of unowned thing first, to better play to t

9、he abandonedits practical value by the value of the crafty, on the contrary too much public willreduce the utilization of idle resources, cause the waste of resources to affect theenthusiasm of personal wealth creation a

10、t the same time; Finally, the lack of rules firstmake legislation and is used to disconnect. There exist great quantity to account forthe fact that in real life, such as gathering wild plants, herbs, fruits, etc. Lack of

11、system, first is to ignore the social reality and legislation and habits, hinder the lawadjusts its role in social phenomenon.This paper argues that China should set up through legislation of system first, butpreoccupy m

12、ust fit with the establishment of the Chinese society, must consider theChinese society with foreign culture and custom differences and the different ofmodern society and traditional society. Based on this, this article