Public Easement System Research

The public easement system stems from the traditional civil law easement system, but has the difference with the traditional civil law easement system, also distinguishes between the adjacency relations. Our country present stage legislation are few to the public easement system stipulation, and disperses in various departments law, does not have the systematic characteristic, this does not favor the public easement system's establishment and the development. The author to the public easement's concept, the legal characteristic, the nature will carry on the discussion; Detailed introduction public easement and adjacency relation, easement relations; And introduced separately the mainland legal system and the UK-US legal system's public easement system, the article ultimate analysis our country present public easement system existence's insufficiency, and proposed establishes and consummates our country public easement system's suggestion.The duty divides into five parts.The first part is the public easement elementary theory. This part first explained the public easement and the easement origin, and has carried on the limits above this foundation to the public easement's concept. Next, the article summarized the public easement legal characteristic briefly, and has analyzed the public interest nature emphatically, thought that cannot explain the public interest willfully, but needs to process national interest, social benefit, the personal interest three between relations correctly. Finally the article has carried on the induction and the analysis to the educational world related public easement nature's theory, thinks is clear about the public easement the first nature, can utilize the concrete Legal department to carry on the standard and the adjustment to it.The second part is the public easement function. The public easement's function is its existence value, is also the development safeguard. The public easement first has the system function--atonement easement and the adjacency relation adjustment land utilization insufficiency; Next has the economical function--promotion public and private property to be advantageous to the public interest use. Finally has the system function--to consummate our country's land utilization system. The third part is the change and relief of public easement. This part has first analyzed the public easement hypothesis, divides into the legal formality under the different situation to set up the peace treaty to decide the way to set up, sets up by the legal formality primarily. Next introduced the public easement's registration, is the comparative analysis easement registration first, has the registration resistance principle and the registration becomes effective the principle two kinds. When by legal direct hypothesis public easement, does not need to register; when by both parties agreement hypothesis, then must register, namely uses the registration to become effective the principle. Finally introduce the termination and relief of public easement, the explanation relief necessity and the relief way, as well as relief implementation organization.The fourth part is public easement system's comparison test inspection. This part first introduced the mainland legal system public easement system, from French, Italian, Russian as well as our country Taiwan area's concrete legal rule carries on the discussion, thought that the mainland legal system the public easement system has come under the public property theory influence; Next take US's public easement system as representative, introduced the UK-US legal system's public easement, in the American law, the public easement system is based on the public trust theory establishment. Finally, introduced the public property theory and the public trust theory's difference, believed that two kinds of theories have their good and bad points respectively, the public property theory and the public trust theory establish the public easement system to our country to have profit from the significance.The fifth part is our country present public easement system. This part first introduced our country some laws and regulations to the public easement system's stipulation, may know from these stipulations, the public easement system has surmounted the adjacency relation, the easement regulation band. Next, the article elaborated under our country current law adjusts the public easement the difficult position, also cannot satisfy the public interest fully the demand, and cannot safeguard the private interest fully, there fore waits for consummating. Finally, how did the article to consummate our country's public easement system to put forward the proposal.