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The main thing after the earthquake that no identification and attribution of

Chinese papers League finishing. I. Introduction Wenchuan after the earthquake, a large number of unidentified property owner, the ownership of property ownership to be resolved is an urgent need to correct problems. As Professor Yang Lixin pointed out that No main thing. [1] by leading scholars of civil law point of view, after the earthquake of unknown ownership of the property, generally should be treated differently under the following different situations and deal with: the first is not the main thing, that is, objects do not belong to anyone. In accordance with the provisions of existing legislation and doctrine through that because of property law does not provide the main material of the first non-accounting system, therefore, such property shall be for the state or collectives. The second is yet to inherit the property. According to the provisions of inheritance law, no person shall acquire such property. If,[link widoczny dla zalogowanych], after due process has been identified as a successor is owned by the state or collective property of all. The third category is the lost property. In accordance with Article 109 of Property Law provides that finders can not obtain the ownership of lost property, Lost Lost property shall be returned to the owner,[link widoczny dla zalogowanych], or to the public security organs. If you have confirmed is not the main thing Lost Properties, under the provisions of section 113 of the Property Law, claiming lost property since the release date of the announcement claimed within six months, owned by the state. The fourth category is Lost drifting objects, found objects buried or hidden objects. Of such property, property law has been clear that Article 114 should be handled with reference to the rules of Lost Property can be returned to the right person, shall be returned to the right people, can not be returned, should be sent to public security organs. Conservation law, but otherwise provided by law, if not for the private ownership of artifacts made, the treatment in accordance with its provisions, the ownership belongs to the State. [2] yet to inherit the property, lost property, floating objects and hide the ownership of the ownership of the existing legislation has to do a more clearly defined, this is not discussed here. This is only the sense of the first class to discuss things without the Lord, will study the main thing after the earthquake, identification of non-standard and ownership of property after the earthquake were not identified as the main point of public property, some their own views. Second, after the earthquake without the main thing the main thing recognized standard no theory for the Civil Law is an important concept,[link widoczny dla zalogowanych], although in our civil legislation does not require the concept of non-res. Traditional civil law theory that the main objects include two types of free [3]: one is in possession of was prior to the property not belonging to any person, in theory, not the main thing is called pure (Res nullius). No modern civil pure nature the main thing the main means of wildlife. Created by people out of productive labor,[link widoczny dla zalogowanych], none of the main thing is not purely the column. The second category is for others, although all have, but for the abandoned property owner, that discards (Res derelictae). 1. Pure compounds identified bona such standards is not the main object according to the understanding of people's common sense, in the free state of nature, can not be clearly demonstrated artificially created at the plants and animals. To correctly identify these non-primary objects that need to grasp the two basic constituent elements: First, these plants and animals is not a legal requirement that all animal and plant resources for the country. Article 49 of Property Law provides that: Wildlife Conservation in China's administrative laws and regulations have made similar provisions. Therefore, as long as the State, shall all the wild animals and plants, such as the giant panda and the like, no one can become trapped in the earthquake or by picking them to acquire ownership of the main things because they are not free, can only be of the state . From the That is, after the earthquake a large number in their natural state, non-exclusive for the state of flora and fauna can be privately owned. Those who belong to the state law does not constitute all of the wildlife resources are not the main object may constitute, for example, swimming in rivers are national protected animals are not fish. Second, these plants and animals must be in the free state of ownerless. Which our law does not clearly defined, in terms of doctrine from the Civil Code, which could form the main material of plants and animals must be free for non-primary state of freedom. Therefore, if after the earthquake due to geological changes, farmed fish went beyond the control of non-breeding rivers, in the law, it and wild fish in their natural state as not to become the main components. Similarly, earthquake, originally part of the national reservoir of farmed fish swim into the rivers to become ownerless objects are no longer state property. To understand this is no need to correctly grasp the main free state the following two aspects: 1) of these plants and animals must be out of control of any person without the Lord in the free state [4 ]. Plants and animals to determine whether a person out of the control of any standard, whether in a free state, should be based on material found in the specific context of the time, according to a normal rational person to define the normal understanding. Zoo animals escape after the earthquake, no one is in a state that can be controlled, and if found that the animals under the circumstances, the general per capita reason to believe that they are escaping from the zoo (for example, found near the animals in the zoo) No doubt, it should be that they still belong to the zoo, not the non-main components. However, if these animals went to the deep forests, you should believe that these animals are not the main thing. In addition, the need to be pointed out that those who left with a host-specific markers (such as scientific research personnel for scientific experiment animals in the herd) or have been domesticated and ability to identify the owner or return the animal home (such as domestic dogs, pigeons, etc.), even in a state of uncontrolled freedom should not be regarded as ownerless property, its ownership remain with the owner of all. This is the traditional civil law theory of communication, said the main thing is to exclude without a special case, are the provisions of the Civil Code in most of continental Europe [5]. Without any of the provisions of current law which should in theory and legislation in the future to the fill. In this earthquake, there are many stray dogs, from a legal perspective, the main thing they are not free, Lost these stray dogs (as long as they agree with the owner and the dog did not lose the ability to return home, Despite the death or do not know the whereabouts of the owner, or the homeless), can only be treated as lost property, shall be Even the dead know the circumstances of its owner, the stray dogs are not ownerless property, should be considered the owner is not clear, they can be inherited as an object. Under the current law has made it clear that even if the owners of stray dogs and the deceased had died without heirs, any individual can not acquire ownership of the shelter they should be on the Lost Properties by property law or civil law without starting the main Property confirmation process, made by the state or collective ownership before then transferred to individuals. This provision is clearly contrary to the current common sense, is not conducive to the protection of animals and the realization of the humanitarian spirit. 2) For all those who have human animals (wild, whether you, whether you captive), even from the control of the host in a person with normal mental state of freedom that, if owner did not immediately know the animal is lost or in a relatively short period of time to catch up to stop looking for tracking, it should be that these animals are not the main thing is not the owner of the ownership of these animals still exist. Unless the owner aware of this track after the lazy, the animal can be no main components. Many civil law countries such Civil Code provisions are made [6]. The basis of this provision will come from the possession of the Roman law (animus occupandi) determine ownership of the attribution theory. According to this theory, even if the owners lose the actual control of all things, but there is no intention of giving up possession of the property, as long as the intent of the performance of such appropriation act for the tracking of animals, he does not lose ownership of the animals. This provision is conducive to encourage owners to actively assert its ownership of the exercise of ownership in its lazy case, all of the original property of their property can no longer be the property of their all, and free of the main complex [7]. China's current situation of civil norms which constitute the main thing no, did not do any of the requirements, I think that should be in the future of the property law in the judicial interpretation or amendment to the supplement. However, I believe that passage of the Civil Code of the theory of foreign implant of the future should be provided in its exceptions, that is, except when force majeure. For example, it should not be applicable to the case of this earthquake. Because, after the earthquake, disaster victims may themselves have been injured, it is impossible to take into account their lost animals, is not injured first need to save the family and the safety of others, in a short time is impossible to immediately take into account the loss of animals, and the situation is very complicated, difficult to find lost animals much larger than usual. If you always think that after the earthquake owner knows his animal is lost, no search or a very short time to stop looking, which resulted in the loss of their ownership is not right.

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