Interest Analysis Of The Property Law

Interest is a kind of social relationship based on the satisfactory of the main's needs. The relationship between people is actually an interest one after all. Law and interests are of close relationship.The significance of property consists of two aspects: attribution and application of the object. The law-protecting interest is not in property, but in dignity (spirit) and system. Benefit analysis is an important method in law research. It means that from the perspective of interest, we analyze legal phenomenon, including the problem of philosophy, social and positive law, explore the inherent nature of the legal phenomenon, research the link between the law phenomenon and other social phenomenon, and provide guiding principles and operational rules for the formulate and implement of law. The interest analysis methods on property involve four fundamental principles: the interest identified principle, the interest established principle, the interest weighing principle and the interest balancing principle. Logical inference methods focus on the reasons and reasoning process, and stressed the interest of the actual social effects. Interest analysis method can effectively compensate for the inherent logic of reasoning method defects. The promulgation and implementation of the Property Law is of landmark significance in the process of China's modern rule by law and plays an important role in promoting China's economic reforms and building a rule of law nation. The study on China's property rights through interest analysis methods shows that there are still some blanks and imperfections in stem. The main under collective ownership is a big uncertainty in law. So as to clarify the ownership of land, take full advantage of land resource and increase social consequences, China should establish two-tier of land ownership system (state level, the private and public). The scope of land ownership is the range of benefits the owner can enjoy through land. The key of dealing with disputes between neighboring lies on reconciling the interests of adjacent real estate of the parties by law and achieving the goal of harmony. Lost to urge people fulfill legal obligations actively and kindly, and promote a good social climate, benefits (rights) incentive mechanism should be applied adequately, guiding people with interests. When the owner of the hidden property is unclear, the found should get the ownership. The attached is determined on the interest balancing principle. The first nullius can obtain ownership when it is ownerless. Goodwill assignee, meeting the statutory requirements, can also be obtained ownership, even if the grantor without the right of punishment. To clear the attribution, protect the order and give full play to the economic effectiveness, China should establish a system of aging. Possession, as a fact, constitutes property rights legal system with the right system. The legal effect of possession can be profiled into four main aspects: the rights presumption, the rights acquisition, the interest avocations and the possession protect. The law's recognition of the tenure system and the protection of possession, bases entirely on the social interest.