Comparative Study On System Of Foreign Territorial Property Right In Ancient Times

Based on the evolution of the ownership and use of the collective-owned land in China.The thesis aims at seeking a set of best pattern of regulations and systems for the perfection of ownership of collective-owned in China and for the reform of contractual use of land in China' rural areas through the systematic comparison research on the co-ownership and usufruct of ancient ex-territorial land ownership system.. So as to attain such achievements is that. On the prerequisite that the reform and changes in the possession and use of collective-owned land should insisting on the socialist public ownership, the reform and change should be directed and socialized ownership. Really combine fairness with efficiency and strongly promote the land beneficially to the owner,the possessor, the public and the whole society.On the principle of basing on facts, learning from foreigners and ancestors, combining theory with practice,by means lf historical, dialectics and systematic comparison research. the full text conducts a systematic and thorough comparison. The basic frame of the thesis is as follows: The instruction section deals with the research direction and goal of the author. It also briefs such theoretical problems as the ownership reconstruction of China's collective-owned land should persist in socialist public ownership, the similarity on public ownership and co-ownership, the clear definition of property ownership, thus eliminating ideological barriers and providing theoretical basis for the whole thesis. In chapter One. a systematic and thorough study is conducted on the definition, evolution and legal characteristics lf co-ownership in common law, meanwhile, by referring to the co-ownership systems, further comparison studies on the sources and evolution of the general ownership. Respective ownership and joint ownership are carried out, thus revealing that the co-ownership system is the best system pattern for the perfection of the ownership of our country's collective-owned land. In chapter Two. a sufficient study is made on the definition ,evolution and legal characteristics of the permanent lease right in Roman law. By reference of the permanent lease right, comparison studies on the usufruct systems in major contrives of two legal systems are conducted, respectively ,which indicates that the permanent lease right is the best choice for the reform of the contractual land use in China's rural areas. In chapter Three. Based on the factual situations in rural of China and in considering the present legislation and different schools of thoughts weld of scholars, the author emphasizes the reasonableness of the application of co-ownership and permanent lease right in the reform of the owning and use of China's collective-owned land. The author also provides proposed module for system design, At least. the thesis illustrates the practical and theoretical significance of reference and adoption. It confirms to the legislative thought of combing fairness with efficiency. It also really advocates the modern civil belief of socialization of ownership and assurance of usufruct. There's many new attempts on study and research in thesis. It thoroughly studies the co-ownership in the common law for the first time in China. It initiates the systematic study on the sources, evolution and legal characteristics of the co-ownership system in ancient ex-territorial legal classics. It provides a brand-new opinion that estate property can be viewed both as ownership and usufruct for the first time. It extracts a optimized system pattern from ancient ex-territorial land systems of the reform and perfection of the owning and using of China's collective-owned land. It, for the first time, clearly defines the property right from the perspective of pure law science. However, all these above-mentioned attempts are subject to future modification and further research.