Jiangxi villagers dig up suspected ebony worth hundreds of millions, which is officially owned by the state

Investigation of ebony in Jiangxi Province In February last year, Wu Gaoliang, a farmer in Tongji Town, Pengzhou, Sichuan Province, accidentally dug up seven ebony trees in his contracted land According to experts, the value of wood alone was between 5 million and 7 million In early July, the state owned assets supervision and Administration Commission of Pengzhou announced that ebony was owned by the state, and awarded 70 thousand yuan to Wu Gaoliang, the discoverer Because of dissatisfaction with the result, Wu Gaoliang filed a petition with Pengzhou state owned assets Bring a lawsuit to court After the open trial and media reports, the case of ebony in Pengzhou has attracted wide attention from all walks of life, and the community has launched a heated discussion about the ownership of ebony When the ebony incident in Pengzhou hasn't faded out of public view, the same thing happened in Xiushui County, Jiangxi Province On September 3, Liang Cai, a farmer of Xiushui County, excavated a suspected ebony with a length of 24 meters, a diameter of 1.5 meters, and a weight of 80 tons in the river course of Dongshan village After the news came out, someone predicted that the ebony was worth hundreds of millions of yuan Although the nature and value of this tree have not been completely determined, the dispute about the ownership of this tree has begun Liang Cai, 39, is a farmer in Dongshan village, Xigang Town, Xiushui county In June this year, Liang Cai found a small section of 20cm long branches exposed on the river beach After several months of repeated exploration, Liang Cai felt that there might be a large tree buried in the river On September 2, Liang Cai and his family drove an excavator and a bulldozer to the river beach to start excavation Liang Cai, a villager in Xiushui, Jiangxi Province, said that as soon as he dug, the bigger the front, the bigger the front I called my brother-in-law I said you come to have a look I said the root of the tree They said that it could sell for money I said I would dig it out anyway, right What Liang Cai didn't expect was that the wood grew longer and deeper Until about 6 o'clock in the evening of September 3, after two days and nights of continuous hard fighting, the huge trees finally appeared on the water Liang Cai said, I can dig a treasure at once If I have more money, I will be happy People are the same Tianjiang's "windfall" not only made Liang Cai overjoyed, but also the nearby common people came here, hoping to get a share Liang Cai also said that there were hundreds of people on the bridge They were everywhere Take that one, take that wood knife I will take some home, and you will take some home The villagers said, I don't know if it's useful or not Reporter: I don't know if it's useful What are you doing? Villagers: when I see their skins, I'll go back and see if it's useful Villager: I'm peeling I'm peeling on the tree Reporter: it's peeling on the tree Do you think it's useful? Villager: I don't know if it's useful Someone picked up such a large one, and sold it for 36 thousand yuan In order to protect the ancient trees dug up, the local forestry department transported the ancient trees from the river to the factory of an enterprise, and sent special personnel to take care of them According to local forestry experts, the tree is 24 meters long, 1.5 meters in diameter and 700 to 800 years old Yuan Jiangen, a forestry Engineer at Xiushui County Forestry Bureau, said that according to my personal estimation, it has grown for seven to eight hundred years It is estimated that the tree has been buried for more than 500 years under water according to the comprehensive factors such as the heightening of the riverbed and the widening of the river surface Through the identification of Jiangxi Provincial Wildlife and plant judicial identification center, it has been determined that the wood is autumn maple However, there is no final result for the age and value of this ancient tree Although the result has not yet come out, the local government has informed Liang Cai that this tree should belong to the state, which makes Liang Cai and his relatives difficult to accept Liang Cai said, "it's something I dug myself If I find a stone, I go home For example, if I find this stone, I can sell it to 2 million or 3 million yuan If I sell it, I will return it Now that it's big, your country will come to ask for it." Liang Cai's relatives said that if it's a useless tree, it's OK for me to dig it up for firewood burning, but now the government says that if it's valuable, it's national, so we can't think about it a little bit Liang Cai said that in order to dig out the tree, he also made a lot of money He not only invested a lot of money, but also called his family and friends together Now my money is more than 90000 yuan, that is, my forklift, excavator and crane, which I estimate artificially It's more than 90000 yuan, said Zhang Linsen, deputy director of Xiushui County Forestry Bureau The unearthed things, including the mine resources, belong to the state The tree itself is in the river, the river and the beach belong to the state If this ancient tree is more precious after identification, we will give him some rewards according to relevant regulations, and we have made a commitment Ebony ownership disputes continue to law need to be more perfect the root of the sky value ebony in the end should be to whom? There is no final conclusion yet What do villagers and lawyers say about this valuable ebony? Continue to see the reporter's investigation The villagers nearby said that they should be able to go to that private home, didn't they? Because it's from this place This thing can go to the people in this place Another villager said that it's from the country Do you think it's a reporter? Why go to the country Villager: because this is an ancient thing of the country, isn't it? We should protect it Wei Shengli is a professor of Law School of Nanchang University In his opinion, according to the existing laws, if ebony is to be owned by the state, two conditions must be met According to Wei Shengli, a professor of the Law School of Nanchang University, one is that according to the general principles of civil law, the buried and hidden objects with unknown owners are owned by the state, which is a situation, and the other is that according to the law, the underground mineral resources are owned by the state In Wei Shengli's opinion, the suspected ebony discovered by Liang Cai, a villager, does not belong to any of the two situations Therefore, the article should belong to Liang Cai, the discoverer Wei Shengli, a professor of Law School of Nanchang University, said that in terms of the existing provisions of the mineral resources law, ebony is not listed as the state-owned mineral resources, so it is not owned by the state, so from this perspective, it should be said that whoever finds out who owns it, who owns it, adopts the principle of preemption to obtain ownership According to Ye Qing, vice president of Jiangxi law society, from the current situation, the suspected ebony discovered by Liang Cai does not belong to the natural fruits, but belongs to the hidden object whose owner is unknown Since it is a hidden object, it should belong to the state Ye Qing, vice president of Jiangxi law society, said that in this case, ebony is a kind of hidden object, so who is the owner of the hidden object? According to the relevant provisions of the general principles of civil law, the owner of the hidden object whose ownership is unknown belongs to the state Liu Xiqiu, executive director of Jiangxi Legislative Research Council, in his opinion, in the existing laws, neither the general principles of the civil law of the people's Republic of China nor the property law of the people's Republic of China has defined the attributes of ebony, and the fuzziness of this law also leads to the dispute of ownership From the existing legal situation and the characteristics of ebony, He prefers ebony to be owned by the state In the interview, many experts called for the relevant state departments to clarify the legal interpretation of such issues in order to facilitate the government to strengthen supervision Ye Qing, vice president of Jiangxi Law Association, said that in such a case, the state should clearly stipulate the law, which is flawed I think we should solve the problem through legislation Liu Xiqiu, a lawyer, said that in this way, on the one hand, it will provide a clear legal basis for specific cases of litigation, on the other hand, it will also provide a very good raw material for the future revision of the law, so that it will really play a good role in determining the legal disputes or litigation disputes caused by ebony.