论无主物与遗失物的区别及无主物的推定

Discussing on the Difference Between Bona Vacantia and Lost Property and Presumption of Bona Vacantia

无主物与遗失物的区别在物权法上具有重要意义,目前的立法与研究在二者的区别上采用主观标准,不利于操作,不能满足先占制度定纷止争的功能要求,也不能发挥先占制度物尽其用的功效。我们应当寻找易于操作的客观标准。

The difference between Bona Vacantia and lost property is very important in the Law of Real Right. In present legislation and the studying, we adopt subjective standard on the difference that between them. It doesn＇ t make against operation and it neither satisfied the function of settling disputes of pre - occupation, nor gave full play the function of exhausting the use of property of pre - occupation. So we should seek the objective standard being handled easily.