乌木的法律属性及所有权归属问题探究
发布时间：2019-06-04 21:57
【摘要】：四川彭州乌木案因其价值巨大在社会上引起了普遍的关注,但我国现行法律并未对乌木这一特殊产物予以定性,因此针对乌木的归属问题一时间成了媒体之热、学者之争、法院之难、百姓之苦。本文以较为典型的四川彭州乌木案件为例为背景,从乌木的性质着手分析,收集和列举了一些关于乌木法律属性和归属的各方不同观点,从民法、物权法甚至法理学相关理论、通过案例分析、文献分析等方法探究发现在我国当前法律体系下解决乌木归属问题所面临的困境,进而提出可行性对策。首先是详细分析了典型的乌木案例纠纷,根据四川彭州吴高亮案,对乌木这一特殊产物的形成过程和价值做一详细的介绍,对案件进行了重新的回顾。在理论层面结合我国现阶段的法律制度结合外国立法,对乌木的属性和文物、矿产资源、埋藏物、天然孳息、无主物一一比较,寻找可适用的法律法规、规章等。乌木所有权归属问题总结现存的三大立场,一方面是以政府为代表的国有说,另一方面是以个人和网民为代表的私有说,最后是得出以中立说为解决当前局面和困境的重要立场。通过前文的对比,对乌木的属性规则从法学三个相关原则入手对其归属做更深一步的分析,首先是权利义务相一致原则来探讨由吴高亮取得乌木所有权的不合理性,二是公平原则的适用对于解决乌木案纠纷具有现实的指导意义,三是政府行政坚持诚实信用原则。本着更好的保护乌木这种稀有资源,本文也提出可行性的对策和建议,例如如何完善相关立法(先占制度的确立必要性)、给予发现者奖励等意见和建议。通过前文分析笔者得出乌木为无主物以及在可操作范围内国家、集体、个人三方共有为权宜之计的结论。对乌木案涉及的包括其自身的性质、已有的法律制度和相关法律条文、法学理论进行研究具有重要意义,特别是在当前地下发现物归属矛盾纠纷越来越多,而且步步升级的情况下。弄清乌木等地下发现物的归属问题,有助于健全我国的民法、物权法体系,为社会主义市场经济法律制度的完善提供有益的意见和建议。
[Abstract]:The Wumu case in Pengzhou, Sichuan Province, has aroused widespread concern in the society because of its great value, but the current law of our country does not characterize the special product of black wood, so it has become a media fever and a struggle of scholars for a time to solve the problem of the ownership of black wood. The difficulty of the court is the suffering of the people. Based on the typical black wood case in Pengzhou, Sichuan Province, this paper analyzes the nature of black wood, collects and enumerates some different viewpoints about the legal attribute and ownership of black wood, from the civil law, property law and even relevant theories of jurisprudence. Through case analysis, literature analysis and other methods, it is found that the dilemma of solving the problem of black wood ownership under the current legal system of our country is found, and then the feasible countermeasures are put forward. First of all, the typical black wood case disputes are analyzed in detail. According to the Wuxiu case of Pengzhou, Sichuan Province, the formation process and value of this special product are introduced in detail, and the case is reviewed again. At the theoretical level, combined with the current legal system of our country combined with foreign legislation, the attributes and cultural relics of black wood, mineral resources, buried objects, natural fruits, no main objects are compared one by one, and the applicable laws, regulations and regulations are found. The ownership of black wood summarizes the three existing positions. On the one hand, the state represented by the government says, on the other hand, it is the private theory represented by individuals and netizens. Finally, the important position of taking neutrality theory as the solution to the current situation and predicament is obtained. Through the comparison of the above, this paper makes a deeper analysis of the attribute rules of black wood from the three relevant principles of law, first of all, the principle of consistency of rights and obligations to explore the irrationality of obtaining the ownership of black wood by Wu Liang. Second, the application of the principle of fairness has practical guiding significance for the settlement of disputes in Wumu case, and third, the government administration adheres to the principle of good faith. In order to better protect the rare resources of black wood, this paper also puts forward feasible countermeasures and suggestions, such as how to improve the relevant legislation (the necessity of the establishment of the preemptive system), to reward the inventors and so on. Through the previous analysis, the author draws the conclusion that black wood is no main object and that the country, the collective and the individual are the expedient measures in the operable range. It is of great significance to study the Wumu case, including its own nature, the existing legal system and the relevant legal provisions, and the legal theory, especially in the current underground discovery of contradictions and disputes over the ownership of things. And step by step upgrade. It is helpful to perfect the civil law and property law system of our country and provide useful opinions and suggestions for the perfection of the legal system of socialist market economy.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.2
本文编号：2493030
[Abstract]:The Wumu case in Pengzhou, Sichuan Province, has aroused widespread concern in the society because of its great value, but the current law of our country does not characterize the special product of black wood, so it has become a media fever and a struggle of scholars for a time to solve the problem of the ownership of black wood. The difficulty of the court is the suffering of the people. Based on the typical black wood case in Pengzhou, Sichuan Province, this paper analyzes the nature of black wood, collects and enumerates some different viewpoints about the legal attribute and ownership of black wood, from the civil law, property law and even relevant theories of jurisprudence. Through case analysis, literature analysis and other methods, it is found that the dilemma of solving the problem of black wood ownership under the current legal system of our country is found, and then the feasible countermeasures are put forward. First of all, the typical black wood case disputes are analyzed in detail. According to the Wuxiu case of Pengzhou, Sichuan Province, the formation process and value of this special product are introduced in detail, and the case is reviewed again. At the theoretical level, combined with the current legal system of our country combined with foreign legislation, the attributes and cultural relics of black wood, mineral resources, buried objects, natural fruits, no main objects are compared one by one, and the applicable laws, regulations and regulations are found. The ownership of black wood summarizes the three existing positions. On the one hand, the state represented by the government says, on the other hand, it is the private theory represented by individuals and netizens. Finally, the important position of taking neutrality theory as the solution to the current situation and predicament is obtained. Through the comparison of the above, this paper makes a deeper analysis of the attribute rules of black wood from the three relevant principles of law, first of all, the principle of consistency of rights and obligations to explore the irrationality of obtaining the ownership of black wood by Wu Liang. Second, the application of the principle of fairness has practical guiding significance for the settlement of disputes in Wumu case, and third, the government administration adheres to the principle of good faith. In order to better protect the rare resources of black wood, this paper also puts forward feasible countermeasures and suggestions, such as how to improve the relevant legislation (the necessity of the establishment of the preemptive system), to reward the inventors and so on. Through the previous analysis, the author draws the conclusion that black wood is no main object and that the country, the collective and the individual are the expedient measures in the operable range. It is of great significance to study the Wumu case, including its own nature, the existing legal system and the relevant legal provisions, and the legal theory, especially in the current underground discovery of contradictions and disputes over the ownership of things. And step by step upgrade. It is helpful to perfect the civil law and property law system of our country and provide useful opinions and suggestions for the perfection of the legal system of socialist market economy.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.2
【参考文献】
相关期刊论文 前3条
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3 金英洁;;我国《物权法》设立先占制度的必要性[J];合作经济与科技;2008年12期
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