无主物所有权归属及其占有保护——以四川彭州天价乌木案为例-ownership and possession protection of ownerless property - a case study of wu mu case in pengzhou, sichuan province.docxVIP

AbstractSichuan “Pengzhou high price the ebony case since the incident in the Spring Festival of 2012 till now is the social hot topic, the ownership of the party ebony has been discussed in legal circles and public opinion more than a year, don’t have any voice absolutely have the advantage over, the administration of justice about this case also not confirm the ownership of these ebonies. This fact raised the voice about our country should legislate on the problem of bona once again, for the preemption rules which died in the proposed draft of property law experts, is also an opportunity to resurge.In this paper, through the introduction and brief appraisal about the progress of Sichuan Pengzhou high price the ebony case、court decisions、views in legal circles andsocial point of public opinion, do the analysis about legal nature of ebony, and combine the three legislative models about bona preemptive since Roman law,consult the relevantprovisions of bona movable property and the burial objects、lost objects that similar to it,make the bona as the research object, demonstrate that China’s civil system should establish the rules of ownership relegation that make the preemptive system as the core, establish the range of bona that is applicable to preemptive system; accord to the classification of rules of attribution, discuss the problem of possession protection under the situation of first accounting of ownership and possess bona in good faith.Key words: Bona Vacantias Preemptive Ebony case Possession of protection目录摘要............................................................................................................... IAbstract........................................................................................................... II一 引言.............................................................................................................1（一）研究缘起、目的、方法与意义 ..........................................................1（二）无主物问题研究的文献综述 ..................