The villagers dug out thousands of gold coins in the door of the Nanmu government.

After identification, Wu Gaoliang’s group of ebony species, identified as Wuxi Nanmu, was expensive in the market, claiming that he had been willing to pay 12 million yuan for purchase.

Ownership dispute

(Sichuan) Tongji Town of Pengzhou City believes that Wumu is state-owned, and Wu Gaoliang believes that “first take ownership first,” and experts say whether Wumu is owned by the state, or the law is blank.

The spiritual reward plus 50,000 yuan in material rewards is far from Wu Gaoliang’s expectations.

In February of this year, Wu Gaoliang, a group of 17 villagers in Maliu Village, Tongji Town, Pengzhou City, discovered a group of ebony at the door of the river and hired people to excavate. The Tongji town government believes that ebony is owned by the state and digs and transports the ebony. As for the ownership of ebony, the law does not specify it. The Tongji Township government is based on Article 79 of the General Principles of Civil Law: “Unknown buried and concealed objects belong to the state.”

Wu Gaoliang’s attitude is that he or she will own the ebony, pay the personal income tax according to the regulations, and accept private excavation and fines; or the ebony is owned by the state, and the government awards 4 million yuan according to 20% of the value of ebony. So far, the two sides are still deadlocked.

Dig out ebony at home

The town government is state owned

Yesterday, the Chengdu Business Daily reporter was informed that, identified by the Wood Industry Research Institute of the Chinese Academy of Forestry, Wu Gaoliang's ebony found in the family was recognized as the phoenix, which is commonly known as the “Pinus nanmu”. In the market, the ebony tree species of Phoebe is expensive. Wu Gaoliang said that when it was dug up, some people wanted to buy 12 million yuan.

Wu Gaoliang said that on the Spring Festival this year, he and his friends walked by the riverside at their doorstep and stumbled on a piece of wood that they had thrown out. Friends said that it might be worthwhile ebony. Wu Gaoliang asked a private collector to determine: This is an ebony. Then, Wu Gaoliang found another Beijing “exploration” company and confirmed that there was a huge ebony in the ground.

On February 9, Wu Gaoliang hired an excavator to excavate. Five hours later, one third of ebony appeared. Subsequently, two police stations arrived at the scene and asked them to stop digging. According to Guo Kunlong, the mayor of Tongji Town, at 23 o'clock on the same day, the town government’s duty room received a report saying that “someone secretly dig in privately in the river channel of Maliu Village”, and the on-duty officers and policemen of the Tongji Police Station immediately rushed to the scene to investigate.

At this time, the site has been dug out a pit about 10 meters long, about 5 meters wide, and about 5 meters deep, exposing a piece of suspected ebony buried. At night, Tongji town cadres and civilian police monitored and protected the site.

Guo Kunlong stated that on February 10, Tongji Town reported the situation to Pengzhou City's land, water conservancy, forestry, and cultural relics management departments. From February 12 to 23, under the guidance of an expert from the Chengdu Archaeological Team, Tongji Town excavated seven ebony trees in the river course, of which the rated one was 34 meters long, 1.5 meters in diameter and weighed about 60 tons. In order to maintain the integrity of the ebony, the Tongji town government hired a crane truck rated for the southwest region and transported the ebony to a passenger station separated by a wall from the Tongji town police station.

Whether ebony is owned

Is a legal gap

After receiving the report, Ding Wuming, director of the Pengzhou Museum, immediately dispatched a staff member to the scene. As a cultural security unit, the museum needs to implement two things: whether there are any traces of artificial processing on ebony, whether it belongs to ancient buildings, ancient tombs and other components, and whether the degree of carbonization and calcification of ebony is turned into fossils.

However, there were no traces of humanity on this group of ebony and they did not become fossilized. "It does not belong to the scope of management of the "Cultural Relics Protection Law."" Ding Wuming said that according to relevant laws and regulations, fossils, mineral resources, and cultural relics in China's territory belong to the state. The ebony is not an ancient fossil, it does not belong to minerals or cultural relics. It is a legal blank.

“The money is worth it, and the town is said to be state-owned.” Wu Gaoliang’s mother, Zhu Pinxian, said that as long as the flood waters were up and down, some ebony could be picked up by the river. Everyone burned them and they burned without smoke. Smoke, green and quiet green flame. In the neighboring villages, people also picked up ebony and sold them themselves. Now Wu Gaoliang’s excavated ebony is too large, so it is said to be state-owned.

However, Ding Wuming believes that, like minerals and cultural relics, it must have a certain value and have the scale and grade of protection that the country can protect. This is not "selective law enforcement." Through these ebony, the natural environment and weather conditions at that time can be studied. Such a large amount of ebony is protected by the government and is responsible to future generations.

Disagreement

Who should own the ebony?

Discoverers are owned by all VS countries

In the past few months, Wu Gaoliang, who had not graduated from junior high school, has become a "legal expert."

In his opinion, taking Article 79 of the General Principles of the Civil Law, "The burial and concealment of all unknowns belongs to the state," said ebony is state-owned, and it is far-fetched. Because ebony is formed naturally, it is not buried and concealed by “man-made”.

Wu Gaoliang said that Article 49 of the “Property Law” stipulates: “Law stipulates that the wild animal and plant resources owned by the state belong to the state.” In other words, the state’s animal and plant resources that are not regulated by law are not owned by the state. Just like the plastic bottles that rake trash bins, you should first take ownership first.

“We all have laws to follow.” Guo Kunlong said that Tongji Town has assigned these underground burial objects to the state-owned assets management department for unified management. It is now temporarily stored in Tongji Town Bus Terminal and has developed corresponding Security plans and protection measures, and arrange for staff to be on duty 24 hours.

Guo Kunlong stated that the relevant national judicial institutions should make a detailed judicial interpretation of what constitutes "buried objects" and "hidden objects" in Article 79 of the General Civil Law.

How much reasonable material reward?

50,000 yuan VS 4 million yuan

Wu Gaoliang said that in this piece of ebony, someone offered him 12 million yuan, which was more expensive to transport to Shanghai. If you make art sales, the value is at least 20 million yuan. He said that either Ebony belongs to himself, he pays personal income tax, and the penalty for destroying arable land; or Ebony is owned by the state, the government rewards him 4 million yuan.

Wu Gaoliang believes that the law stipulates rewards, but there is no provision for how much it awards. He refers to the "proposal draft of the draft property law." Among them, those who fail to collect gold, in addition to the staff of state agencies, can get a 20% reward for the value of lost items.

But later, the town government told him that the Pengzhou study decided that Gao gave him a reward of 50,000 yuan and asked him to collect it. Wu Gaoliang said that he spent about 200,000 yuan for exploration and excavation before and after. He cannot accept this kind of reward.

"Wu Gaoliang only spent less than 10,000 yuan." Guo Kunlong said that the excavator's cost is less than 2,000 yuan, other costs are Wu Gaoliang's bluffing, and the government's award of 50,000 yuan is not low. After all, the Wumu government cannot sell, and it cannot Measure its actual value.

Guo Kunlong said that Wu Gaoliang's 20% increase in his remuneration, the draft property law draft is indeed there, but the property rights law officially announced later does not have this provision, can not take the draft to mediate disputes.

News link

The ebony, commonly known as gloomy wood, is commonly known as “ebony” because of the darkness in the body. All the plants and organisms on the ground are buried in low-lying areas such as ancient riverbeds due to earthquakes, floods, and mud-rock flows. Some trees buried in silt are under the action of microorganisms such as bacteria under hypoxia and high pressure. Ten thousand years of carbonization gradually formed ebony. Because of the quaint charm of wood and stone, it is known as "Oriental Godmu" and "Floral Mummy."

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