Episode 276 The aftermath is not over

Later, the government gave Juman 20,000 yuan, but Juman was not satisfied: "This is the money for the care of the meteorite, not counting the money for destroying the pasture." ”

To this day, the ranch brothers still believe that the meteorite should belong to them.

As for what the Remazen brothers, who hold the grassland certificate, Hailat and Galheng disagreed, on the grounds that the honorary certificate of the Beijing Planetarium stated that they had reported the exact point, and that it was determined to be a meteorite for the first time by a national scientific research unit.

"What's the use of them finding it early? Do you know it's a meteorite?"

Helati and Garheng approached the local government department again, and they reasoned that it was the property of the state, so how could they give them a heavy reward.

Seeing that the money in their hands was gone, how could they give up, the two discussed it and entrusted a lawyer to sue the government.

If successfully filed, this could be the first lawsuit in China involving visitors from outside the world.

Seeing that someone was in a lawsuit, Juman, the ranch contractor at the place where the meteorite was found, was not convinced, and he also joined the fight for the stone.

Kazakh guides, ranch contractors, and the government all claim ownership of the meteorite on the grounds that it was the first discoverer.

For China's civil law, which does not have a clear pre-occupation system, this is undoubtedly another problem.

Seeing that the government had not heard back for a long time, Hairati and Garheng went from being disappointed by the failure of the heavy prize to asserting ownership of the meteorite.

They traveled to Sichuan and found lawyer Zhang, hoping to obtain the ownership of the meteorite through the law. Mr. Zhang has represented Ebony in Pengzhou, Sichuan, a case that has sparked heated debate over whether the underground ebony resources are state-owned.

Now, there are the government, Helati and Galheng, and the Juman family.

However, it is difficult for all three parties to find a clear legal basis.

In order to win the lawsuit, Hailati and Garheng approached Professor Yin of Peking University Law School, who had participated in the drafting and argumentation of the property law, and Professor Yin told them bluntly.

"There is no need to evade who meteorites should belong to as objects, and the current law must not take into account them at all. ”

In our current law, meteorites are like returning to outer space, breaking into a vacuum.

And even if it is discovered at the earliest, it does not mean that it has been possessed first.

In fact, it was the government that took possession of the meteorite first.

Of course, in addition to factual possession, preemption can also be conceptual possession. ”

Professor Yin said that after the discovery, cover a tarpaulin and build a fence, which can also indicate possession, in short, there should be a declaration sign.

The principle of "pre-emption" is clearly stipulated in the civil laws of many countries, that is, for unclaimed property, the preemptive person acquires ownership first, which is derived from the ancient natural way of acquiring property by human beings.

Due to the conflict with the general principle of civil law that unclaimed property is owned by the state, China's property law avoided the pre-occupation system when it was formulated.

However, "first-come, first-served" is still a rule that is generally followed and recognized in social life and ordinary civil disputes, but when it comes to disputes between the government and the people, with the interpretation of existing laws and judicial practices, the probability of unclaimed property falling into the public basket is the greatest.

Even according to the pre-emptive system, Professor Yin does not agree with the classification of meteorites as ownerless, "There are exceptions and boundaries to the definition of ownerless property, such as items that are not ordinary property, but have great value to society, and we advocate that such objects should not be allowed to enter the circulation link and become a symbol of private rights." ”

Professor Yin believes that meteorites have no ordinary economic value, but more scientific research value, and can be used as a natural resource under the current law.

Legislation for specific "things" is also a way to confirm rights.

For example, cultural relics and mineral resources have relevant special laws.

In fact, as early as 2005, the scientific community proposed meteorite legislation to make it nationalized like cultural relics and fossils.

This legislative intent has been quietly delayed for several years, and there have been many complaints in the meteorite collecting community.

With regard to the government's possession of meteorites, Mr. Zhang believes that meteorites do not belong to cultural relics, minerals, paleontological fossils, burials, hidden objects, drifting objects and lost objects, or even movable, immovable and natural resources owned by the state as stipulated in the Property Law and other laws."

"The government does not have the legal authority to acquire, detain, or store meteorites."

Will it pose a threat to Hailati and Galheng, who approached Professor Meng of the Law School of Wuhan University, who told them to relax: "According to China's land system, contractors only enjoy the right to graze on grassland, and the meteorite is not the income of the land, and the ownership of the meteorite cannot be obtained by the land contract right. ”

The identity of Helati and Galheng as discoverers was also challenged in many ways: first, it was doubtful whether they were the first discoverers, and second, if they were employed by the search team, the right to discover should belong to their employers.

Professor Meng believes that the current law is that unclaimed property is owned by the state, "but whether meteorites are unclaimed remains to be discussed."

Lawyer Zhang, the agent of Hailati and Garheng, believes that although it is possible for local herders and government workers to find meteorites, at the level of evidence, only Helat and Galheng have certificates of honor.

"It's not easy to find meteorites. Mr. Liu, a friend of the meteorite, said that there are about 20,000 meteorites that fall into the atmosphere every year, and 70% of the earth is the surface of the sea, and there are only a handful of meteorites that can fall on land and be found.

The discovery of a meteorite not only involves a lot of costs, but also means huge economic benefits.

In the international market, the price of different types of meteorites is different, but 1 gram of "silver camel" can be sold for 40 dollars, so the value of Altay meteorite is hundreds of millions of dollars.

"The original intention of the legislation was to protect, and in fact it may be a paradox. Both Mr. Liu and Rex believe that once the meteorite is state-owned, it will stimulate smuggling, and a large number of Chinese meteorites will flow out, let alone scientific research institutions.

Rex thinks the reason is simple: "Can you imagine that if the discoverer is not properly encouraged, will someone hand it over to the state in the future?"

Mr. Liu believes that the research and protection of meteorites is also a citizen's right, and it is not unique to the state: "I support the legislation, but I hope that the law will encourage people to find and find meteorites, so that the country and individuals can benefit." ”

Now, Helati and Garheng are ready to file a lawsuit, and the GΓΌman family is no longer silent.

But this is destined to be a protracted lawsuit, and no one can say who will win in the end.

Fortunately, this matter has little to do with Kowloon, and at this time, he is walking with He Gang on the streets of Karamay City.

They came to Wuerhe Jade City, the largest jade trading market in the city.