On The Principle Of "One Property One Right"

Facing the society and economics'rapid changes, the principle of "one property one right" has been doubted strongly in recent years. Meanwhile, it hasn't been adopted by The Real Right Law of the People s Republic of China, which makes its position more embarrassed in the real right law field. In fact, the principle of "one property one right" is improving continuously and should be redefined for the concept's expansion of the res and rights towards the society's development. And the theories of property of community and relative ownership are helpful to interpret the principle in nowadays.As the social development, the technology, advances, the resources are scarce and the two legal systems integrate. Meanwhile, the real right's object expanded, the res using extented, quasi-usufructuary right, corporate property's dual ownership and nominal ownership developed, etc. These new issues are all severe challenges to the principle of "one property one right". Only by analyzing these new challenges'causes and theoretical background deeply, interpretating the theories of property of community and relative ownership linking theory with practice, the conclusion that the principle of "one property one right" is a very flexible theory and capable to adjust to the real right relationship well could be draw. Then, on the basis of solving the practical challenge, analyze, compare and reference the basic principles of other countries'Real Right Law, and take the view of revisionist as basis to discuss the effect and impact of the principle. The principle's status can be established only in this way. In all, the principle of "one property one right" should be persisted.