-- is"To help people"Or"With the people for profits"?

Author: Fu Xuesong, Liao Zibin

2013Years5Month13DayMorning8:00To9:30In five, Changping campus order, our school2011A "property law" experimental class law school class debate was held successfully. Under the guidance of Professor Sui Pengsheng, from the economic law, civil research student Fu Xuesong chaired the classroom debate. The debate revolves mainly around the Sichuan "super ebony" case, the participating students is made up of four classes, about200People.

The first part is the case representation. The part of a class of Chen Wenna, Xiu Qinghua, Bai Yunhe, Yan Xiaoer, Wang Zhou, Wang Yinghui, Wu flower trees, Shu Fei, Liang Yan nine students using the sketch form deduction. The students give full play to the imagination in the case on the basis of existing pieces, rich content greatly, vivid image of ebony found, experts, masses report, ownership disputes the main details of the show, let students understand the basic circumstances of the case, also bring you joy.

The second part is the intense debate. This part is composed of six students from three classes, a group of three people, as the positive and negative two. Affirmative think"Ebony should belong to all individuals"In addition, one party claims:"Ebony belongs to all countries"Two party alternation, speech, debate.

Affirmative first classmate of Zhao Xin clearly put forward one's own view, "ebony should belong to all individuals", and briefly introduced the argument: ebony is ownerless, derelict apply preemption system, therefore, ebony should belong to all individuals. One hand, the concept first, Zhao Xin first introduced the concept of ownerless things, think ebony is from the beginning of ownerless things. Secondly, from the modern theory, modern countries of ownerless occupies the legislation as well as contemporary legislation from three aspects: system holds the ownerless ownership ownerless, think first not to infringe other people. From the aspect of value can be discussed again first turn material resources to good account system. Our country has no ownerless pre empt principle of legislation, but in judicial practice there is the first principle, for example, picked up a stone, so the ownerless pre empt principle is part of customary law, customary law was applied in the case of no written law.

The first student Deng Luting put forward "give tit for tat ebony should go to the nation", the main idea is that the ebony is buried. Deng Luting first introduced the concept of ebony and ownerless, think "unidentified" ownerless shall be owned by the state. Secondly, that our legislation without preemption system, Affirmative of ownerless pre empt principle cannot be applied. She pointed out that if the ebony as ownerless will have the following two results: one is that, in accordance with international practice, to take the first principle, who first possession who made ebony ownership, but according to our habits, unidentified ownerless shall be owned by the state, obviously, the contradiction with the international practice, and our law does not recognize the legitimacy of the principle of occupation; two is, if our law clearly recognize the first principle, with the rapid economic development in China and in China's current legal environment, vulnerable to the formation of such groups or cause some people and causing such as ebony, resource reclamation of mining in order to seek out economic interests, caused the national resource loss and damage. So, ebony is formed thousands of years ago in the trees, it is from the beginning without the Lord, was the owner abandoned, are difficult to define. So, in the protection of ebony's position, we should be identified as a treasure trove, national protection, more appropriate, that is, should not be regarded as ownerless.

On the basis of Affirmative second classmates Liu Zhenni properties of ebony two party debate focus of analysis, further discusses the ebony is ownerless, thus confirmed the view of one's own. The first Affirmative and refute the classmates about ebony belongs to the buried object view, that the buried object ownership, and ebony form after thousands of years, from the beginning of ownerless things belong to, so the ebony not buried. Includes three aspects: first, a buried conception, definition of national legislation, theories are not consistent. Summed up the legislation and theory of ideas, for different understanding about the connotation of being buried, roughly three points in common:One, shall be the property;Second, to be buried in other things;Thirdly, the owner can not be clearly (i.e. burial are owner). The ebony is ownerless, therefore, does not apply to the relevant legal provisions of the buried object. Secondly, ebony does not belong to mineral resources and forest resources. Our country in the legislation to list explicitly the forest resources, mineral resources, mineral resources, two in the list of China land sector and not ebony, it should not be identified ebony for mineral resources. "Forest Law Implementing Regulations" article2A clear regulations on the forest resources does not include ebony, is generally believed that forest resources are living above ground, plant. Finally, ebony does not belong to the cultural relics or fossil view. Cultural relics is a product of human activity left, belongs to the Social Sciences, ebony is an intermediate product in the natural form, is transforming to the fossil plants, belonging to the natural sciences, ebony no traces of ancient human activities, no artificial processing, so it does not belong to the cultural relics. And the formation of life around the ebony3000To5000Between the years, far from the fossilized.

The second classmates Huang Yihong don't want, emphasizing the ebony is buried, and it is customary law, customary law as the prerequisite is no statute, and should have the habit, such as fishing, mushroom and other behavior can be identified as a habit, and black wood is not up to the level of habit. And that Affirmative has always stressed that apply to pre empt the western law, western law preemption can only discuss the deficiency of China legislation, in China can only be subject to China law, based Chinese conditions.

Affirmative third classmates Zheng Yang is directed at each other's mistakes, think ebony is ownerless, does not apply to "the general principles of the civil law" provisions of article seventy-ninth, buried, hidden objects all unknown, are owned by the state. Ebony is ownerless, the provisions of this article shall not apply to. And insisted that the case for the customary law system of occupation, there are five main reasons: one is the highlight, Wu has subjective will in no main state ebony take forcible possession of means, and through its own people as to the practical excavation will ebony control of their own, have reached the possession of ownerless things; two, first as a legal fact, as long as in fact holds the line; three is the preoccupation is substantial to dispose of objects, land usufructuary right person is a party to the case as, found in ebony, in order to obtain the ebony the economic value of exploration and management activities, has the right to handle the ebony gains; four, first should be the first priority in possession, possession of others. In this case the parties Wu Gaoliang before others explore and occupy the ebony; five, preemption must have legal provisions, in accordance with the law and occupies derelict. The current property law, the law of mineral resources in China (mineral resource directory), forest law, law of cultural relics and other laws and regulations is not the legal nature of ebony regulations, so we presumed it as ownerless, generally the property through the preemption can. The system emphasizes again, ebony is ownerless, principle of ownerless things apply preemption, should belong to all individuals.

Level as the last statement of the third classmates Li Qiang smart from the impact of social and ecological environment protection value of perceptual advocate, think ebony should be owned by the state. He thinks the ebony dispute problem is the distribution of personal interests and national interests, stepping back, if the ebony to all individuals will bring great negative effects on society. Think ebony contend for the public officials case, behind is actually a benefit allocation problem. How to balance the interests of the state and the individual is the key to solve the dispute. See this lawsuit, the most important is to get the government how much reward for the plaintiff care. Ebony ownership and should be much incentive to find are two problems, found that more attention is brought about by the discovery of interest, not the ebony ownership. In the face of the legal gap, all we do is to find a solution to a better under current laws, and further improve the legislation is the fundamental solution to the problem. We think ebony to all countries, brings much negative influence and not. For example, the rights of the individual. The rights of individuals to pursue its basic or get the relative price of interest. The amount of compensation, reward for the government to adjust the discovery of various expenses, then the whole of the dispute can be resolved. The correct distribution of national and individual interests, for the Chinese emphasizes national collective interests, personal interests, to achieve the correct orientation of society. Facts speak louder than words. to Min Jiang, for example, super ebony struggle, the emergence of the "million people dig ebony" situation, Phoebe is been deforestation caused great destruction, ecological environment. In addition, ebony also has research value, research on the culture of Sanxingdui has reference value. Ebony belongs to all countries can avoid these problems, the protection of the ecological environment. Finally, he concluded: Ebony struggle, is actually a manifestation of national and personal conflicts of interest. Balance between individual rights and state power is a long-term process. At present, in the face of scarce ebony, at present to all individuals, under the imperfect social market system, cause is not only legal problems, more and more social and ecological, cultural and other aspects of the impact. Liberalization of the market, many problems caused by the appearance of ebony has, to protect all individuals is obviously not conducive to the ebony and utilization. Non renewable ebony, mining, whether it is necessary to all mining in the interests of the drive,, itself needs to be proved. All personal result is that we will do whatever it takes to lighting the ebony. As said earlier ebony is the natural environment changes of the witness and the witness, so that our common wealth, and should not be attributed to the person, hope that we can as soon as possible to protect the few remaining primitive ebony.

Positive and negative two wisdom brings a great debate to the students, the students deepen the understanding of the law in the thinking and understanding. To play the students exercise is the largest, preparation before class, read a lot of information itself is to an accumulation of knowledge, and the debate and coping with the classmates questions is a test of knowledge, work on speech eloquence, strain capacity, exercise for later also help. In addition, through the seminar, all the students have a certain understanding of applicable quality, reality and the law as a legal person.

The third part is the students questions. The six students to participate in the debate on both sides of the station platform respectively in the field, to answer the students a sharp problem. This part makes Affirmative two classmates once again into the debate debate, on and off the pitch has a good interactive.

Finally, the whole class debate ended in more students and warm applause.