| Under the modern market economy condition, many purposes of the thing are utilized and must be demanded to entrust the corresponding rights to persons who utilize. The design of the system of jura re alinna gives full play to the utility of the thing for optimizing resource distribution, improve the utilization efficiency of the thing, all have great influence. With the development of market economy of our country, current jus ad rem system can not meet the realistic need at all already, strengthening the study of the system of jura re alinna under the background of fact that the law of jus ad rem has not been issued yet has important value both of theory and of practicing.This thesis studies and consults a large number of domestic and international documents and materials, utilize such research approaches as the comparison method, legal-economic science etc., to the system of jura in re alinna and building and constructing and perfecting overall and deeper research in China, draw some valuable view, such as jura in re alinna 's excellent location will take to be the development trend of jus ad rem , the revolutionary meaning of jura in re alinna in the rational resource distribution ,etc. And this thesis also carry on some theory innovation too, such as combination and separation in powers and functions ,rational distribution of the jura in re alinna system, etc Its research results will contribute to promoting the legislation of jus ad rem of our country, contribute to clarifying the numerous theories difficult point on jus ad rem contribute to propagating the advanced jus ad rem idea, pay attention to the enforcement and application of jura re alinna, so it has great practice meaning and social benefit.The full text divides the research of the system of jura re alinna into introduction on the system besides foreword, divide theory one (usufructuary right), divide the theory two (real rights for security). The full text amounts to 17 chapters, count 320,000 words.The introduction part divides into four chapters altogether, on the basis of clarifying the basic legal principles of jus ad rem and jura re alinna basically, in terms of the angle of history and comparative law in introduction, the thesis has researched into Roman law, Germanic law, some counties of continental law system and some countries in Anglo-American law system's idea in jura in re alinna, and the legislate influence of jus ad rem system to later age and our country. With the legal-economic method ,the thesis has done a deep demonstration in the economic base to system of jus ad rem ,especially in the relation of resource distribution .Finally it combines the economic ,social ,legislation condition of our country , it analyses the necessity of constructing jus ad rem system in our country ,the content should complete and legislation model.In the research it also pays attention to the theory innovation, has put forward the thought of excellent location of jus ad rem in the jura in re alinna legislation, holds the era demand of "from possession to use" and utilize the theory of the separation and combination of the right and function in disposal to realize the purpose to make the best use of everything. The research has suggested that jura in re alinna is the civil subject 'exclusive right of possession, disposing and enjoy the interest over the specific thing .The use of something is to make people enjoy the economic interest of it efficiently after all and its way summed up in the domination of the thing. The common doctrine of the thing's disposal way means disposing right and function includes possession, using, earning and disposal. These four powers and functions form the satisfactory state of controlling, form the complete jura in re alinna, namely ownership. Ownership is an intactright that is made up of every powers and functions. But while it is exercised, ownership always appears in form of a part of all powers and functions and a certain powers and functions. As an organic component of ownership, each powers and functions have independent function and status, each powers and functions have complicated nature and content at the same time relatively. Enforcement and movement of these four powers and functions furthermore make every power and functions more complicate over each other and with the relation between ownership. These four powers and functions mutual separation and association under certain condition form the satisfactory state of controlling, form the limited right of thing, namely jus ad rem. In certain meaning, jus ad rem is the result of the separation and reconfiguration of the whole powers and functions of control which belongs to the ownership.This thesis concentrates on our country's legislative thinking problem and the great number of defect in the current jura re alinna system and has a deeply thought of it. The research thinks that one should pay attention to the research of the operation law of market economy and supply and demand, the ones that should give notice to economics theory that is hidden behind system of jura re alinna are studied, confirm the efficiency principle as the main principle which weighs jura re alinna system with good and bad system, regard this as the system of innovative jura re alinna systemt, the goal of jura re alinna system's development.On the legislative mode of concrete jura re alinna system, on the foundation of studying relatively of France, Germany, Japan, Switzerland and legislative mode of jura re alinna of Taiwan of our country, the thesis has put forward one's own opinion on the concrete legislative mode of jus ad rem, thinks our country should insist legal doctrine , should set up the system of jus ad rem of our country at first, the most important one is no more than that uses the concept of " jus ad rem", and then consider the system question of the system of jus ad rem of our country concretly under this name, and structure the legislative system of jura in re alinna concretely. Proceeding from the real situation, the usufructuary right system at the present stage of our country includes the following several usufructuary rights at least: right of property of an artificial person, the right to the of land, land contractual management right, the space utilizes right, easement, pawning right, and water right (fetch water right), mining right and fishery right, etc. jus ad rem which need special permission. While structuring the system of real right for security, should undoubtedly reflect the newest development achievement of the real right for security and regulate the shape of various kinds of real right for security exhaustively. Namely divided by stipulate the hypotheca , hypotheque, lien pseudo-gurantee, should still consider stipulating guarantee system such as title retention, alienate guarantee outside the traditional system of real rights for security. In addition to the hypothec, should also consider stipulating various kinds of special hypothec types further, such as the regular type financial group mortgage, floating type financial group mortgage (floating security, enterprises security), the securities mortgage, right mortgage and maximum amount mortgage, etc.Divide theory one usufructuary part amount to eight chapter which researches systematically of our country 'current usufructuary various kinds of forms of expression of this system, such as right of property of an artificial person, the right to the of land, land contractual management right, the space utilizes right, easement, pawning right, and water right (fetch water right), mining right and fishery right, etc. On the systemic basis, the thesis also has the original opinion out of the ordinary , divide theory concentrates on systematic researching into the type of jura re alinna in the judicial practice of our country. This thesis thinks according to laws of thingsof various countries, though there is no material difference in the understanding of usufructuary, but because of economic system, the difference in such methods as national tradition, the folkways and customs, etc., there is very heavy difference between the kind and his content of the usufructuary in various countries, thus lead to the fact that there are certain differences in content in the usufructuary. And ones should distinguish jus ad rem and jus ad rem on the special law and on the civil law over the kind of the usufructuary.The usufruct thinks traditionally that is only limited to the real estate, this thesis proposes legal person's proprietary should be included in the usufructuary system, lay particular emphasis on our country's need of judicial practice of setting up the modern enterprise system, with the use of network contract theory in Anglo- American law system, has analyzed the legal person's essence and property right nature deeply. The thesis also carries on the deep discussion into power of management of enterprises and legal person's proprietary, has analyzed the civil nature of the power of management of enterprises in terms of property right theory, propose the view of "abstract company property to interests , regard them as one thing for the object of company's proprietary ", for the sympathetic response.This thesis has combined the reality legislate right of the use land and land contractual management right to act as systematic combing. It proves the view that land contractual management right as a kind of new-type usufructuary right deeply, put forward one's own imagination and suggestion to the circulating of land contractual management right. Combine what our country implemented recently, and put forward one's own opinion to the practical problem such as the changing registering of contractual management right of land and the exercising and ensuring the corresponding priority etc.This thesis, also has done practical research of helping in such knotty problems of usufrutuary as jus ad rem which needs special permission, the space utilizes right, easement etc. About the easement system the thesis puts forward that in the legislative mode selection one should regard concept of easement on broad sense that the easement system should include agreed easement and legal easement and stipulate it in a unite, and the thesis also describes agreed easement and legal easement namely the neighboring right in detail. In the space utilize right's constructing, it carries on a comparatively intact analysis about the legal relation of right to space, analyses the value of structuring the space utilizing right in terms of legal-economical method and utilizes the newest legislative achievement of the law of Anglo-American law system, and has set up the legislative model of it suitable to apply in our country. In the jus ad rem needed special permission, the thesis also does the investigate of real evidence about the jura re alinna which falls scattered on different administrative statutes law and different actions such as mining right, water right, fisherying right and hunting right, etc in our country. This thesis still studies pawning right in an all-round way in the usufructuary department theory, proposes that there is applicable space of pawning right under the market economy condition, our country's legislation should stipulate the pawning right as a kind of independent jura re alinna.The division theory two real right for security part amount to five chapters , it carries on a deep positive research with the traditional rights for security such as hypotheca, right of pledge(hypotheque) lien and some other system of guaranteeing ,for example, title retention, alienation pledge, etc. On the basis of network analysis of general theoretical question of the rights for security at first, it makes a deep discussion of evidence about the question of the existence at the same time of rights for securities, points out that this one cannot be obscured with the one thatthe coincidence of rights of civil law .It also analyses and expounds the phenomenon of the same time existence of rights for securities one by one. This thesis has also carried on the theory discussion to such questions as enforcement of the real right of pledge and counter guarantee, etc. In the hypothec is studied, it launches the description of the internal and external effect of hypotheca, clarifies a great deal of difficult problems in practice, for instance the question of the fungible of collateral, the order right of mortgagee, the preserve of hypotheca,etc. It describes such new-type hypothec shapes as the legal hypotheca, joint hypotheca, and maximum amount hypotheca, the mortgage of financial group and owner's hypothec emphatically in the special hypothec part. In the study of hypotheque, it has further investigated this difficult point of the hppotheque of right, analyses and expounds the hypothecate of stock rights, creditor's rights hypothecate, intellectual property right hypothecate, combine with the judicial practice act as analyses and expounds the fact. In lien was studied, the thesis has functions the active and inactive established essentials of lien as the brand-new explanation. The thesis also makes a detailed analysis and expound of the special rights for securities system, such as alienation guarantee, reservation of ownership, etc.
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