A Study On The Applicability Of Principle Of Publicity And Public Trust Of Real Right Law

has established the principle of publicity and public trust as one of the basic principles of Real Right Law. The principle of publicity and public trust is not only propitious to regulate the transfer of the real right, but also propitious to play conduct effect to protect the security of transactions, maintain the orderliness of real right, suppose or estimate the rights and the system of acquirement by goodwill etc. On the one hand, it has the capability to make sure that the transfer of the real right could obtain the legal admittable authorization and protection. Furthermore, it has the capability to make sure that the third party of the goodwill could not incur the losses of the profits because of the flaw rights. Therefore, it is the significant academic and practical purport that we study the applicability of the principle of publicity and public trust of the real right law to apply concretely the principle to the judicatory practice.In addition to the introduction and conclusion of this paper, the text is divided into four parts. The first part discusses the concept, character, function of the principle of publicity and public trust through related basic theory. The second part researches the issues with its applicability of the principle of publicity and public trust of the real right law, considering that it is the primary issues how to balance the public right and the private right, and considering that it is faultiness to execute the system of the third party of the goodwill and the protection of the principle of honesty and credit. The third part discusses the theoretical basis at present and analyzed three related academic doctrines and its misunderstandings for providing theoretical basis for this paper. The fourth part brings forward some material measures to propose what we should do on further improving the application of the principle of publicity and public trust under the practices and legislations. Herein, it could remedy the shortage of the practices through the theory study, accordingly it could redeem the flaws of the theories through the practical applications. It could protect the rights and interests of the parties and maintain the justice and the impartiality of the society ultimately.