Up to now, there is no preemption system in China's legislation, which is not stipulated in the Property Law.

preemption system is one of the oldest "natural ways" to acquire property, which has become a principle deeply believed by Roman jurists as early as Roman law.

preemption refers to the legal fact that, with all the meanings, people take possession of unowned chattels before others and obtain their ownership. In other words, it was a deliberate possession of the property that was ownerless at that time, with the purpose of obtaining the property as its own.

the nature of preemption belongs to factual behavior. The value of preemption system lies in: it is beneficial to make the best use of things, and it provides a hypothesis about the origin of private property. The preemptive nature of extended data

belongs to factual behavior. The core difference between legal act and factual act is that the latter does not depend on the intention of the actor, while the former produces legal consequences precisely because the actor expresses this intention, that is, the law makes it a tool of the intention of the factual actor.

and based on preemption to obtain ownership, preemption's subjective understanding of the subject matter, whether it exists or not, whether it is correct or not, is irrelevant. Therefore, it is more appropriate to adopt the theory of factual behavior.

according to the theory of factual behavior, the meaning of preemption is the same as that of acquisitive prescription, not the meaning of effect, but the meaning of actually having complete control over things. Based on the fact of preempting unowned movable property, the law gives the possessor the effect of obtaining ownership.

Baidu encyclopedia-preemption