On The Easement System Of China

The natural property of such real estate as land and building etc decides it impossible to completely realize its use value in the sphere of self, but to be realized through that of others as assistant, this is decided by the essential property of mutual one body of real estate. Easement because of its unique right structural pattern and powerful function effect, once again arouses compatriot's attention. For the land resource is becoming rare day by day and land use relations is becoming increasingly complexed, therefore, the soon releasing Law of Property Right of our country should have a proper position of easement, which is also the viewpoint of main stream in academic circle. The problem lies mainly in how to establish scientific strict easement system, during which process the transplant and borrowing of foreign law is necessary. Our country hasn't done well in this. Its prime causes lie in seriously lacking of consideration of the reality of our own country, or completely disregarding the national condition of our country. Thus our national easement has become a reprint of foreign law or the sightly reviewed foreign law becomes our country's easement system without fully understanding of our national reality. Therefore the establishment of easement system must be set in major background of public ownership of land to make it acceptable and effective. In this paper, the author make an exploitation of easement under the condition of public ownership of land on the foundation of other's research accomplishment. The paper consists of introduction, text and conclusion.In the introduction, the author makes a brief exposition of our country's easement system with outlining the related research and thus derive the writing intention of this paper.The text falls into four parts:The first part: the analysis of legal principle of easement. In this part, the author discussed the nature, feature and function of easement .In the meanwhile carried outsimple introduction for accademic research and the related legislation of some othercountries.The second part: Easement and its related right. First, the author combed the relationship between ownership and easement, thinking that.easement is produced on foundation of ownership, a kind of independent right equal to ownership, and then analysed the relationship between easement and adjacent right, thinking it to be both in the independent and mutual compensating. Finally, the author discussed the relations between easement and personal servitude, pointing out both should achieve interactive development.The third part: The influence of public ownership of land to easement. In this part, the author analysed how the public ownership of land influence the main body ,transferability and effectiveness of easement. Then analysed the huge distinction between easement under the condition of public ownership of land and of private ownership of land. At the time, the article expound and proved the importance of solicitude of the reality of our country.The fourth part: About the legislation thoughts of easement of our state. Firstly, the author analysed the legislation value of easement, thinking its legislation value lies in the objective need of land use and its unique system advantages. Secondly, the author thought we should keep to the legislation principles in the legislation of easement system. Finally, the author made an explanation about the option of legislation system of easement.Then the author summarized for the whole text and reiterated the important of solicitude to the reality of our country in concluding remarks.