先占制度立法可行性研究——以“彭州乌木案”为中心

An Analysis of the Legislative Feasibility of Pre-occupation——Based on the case of “Pengzhou Ebony”

彭州乌木事件引起了学术界的激烈争论,专家学者就乌木的法律属性提出埋藏物、自然资源、无主物等观点,然终未有定论。其根本原因在于我国现行法律体系中无主物概念和无主物归属制度的缺失,致使所有权制度不周延,引发各种纷争。先占制度与社会主义经济基础具有可兼容性,与物权法立法目的相符合,并与民众的现实生活具有一致性,应通过立法确认先占制度。藉此进一步明晰政府在市场经济中的角色和定位,明确物权法的立法价值取向,并最终推动社会主义市场经济有序发展。

The case of put forward Pengzhou ebony has caused a heated debate in academia. Experts have various opinions related to the legal feature of the ebony, objects, natural resources, and ownerless objects. But there is no such as buried final conclusion yet. The fundamental reason is that system of ownerless objects are in our still not current legal established system, the concept This has caused incompleteness of the system of property rights, which has led to various disputes. system of pre-occupation is compatible with line with the purpose of the Property Law, the economic foundation of socialism, and is consistent with social reality. result, legislation should adopt the system of Pre-occupation, so as to make it and the The is in As a clear the role of the government in the economy, to clarify the value orientation of the Property Law, and to promote an ordered development of the economy.