Considerations On The Construction Of Our Easement System

The essential of mutual one body of real estate such as land and buildings decides that this kind of property can not realize its full use by itself, but to be realized through other's real estate as assistant. Nowadays, land use relationship is becoming increasingly complex and land resource is becoming more and more scarce, many scholars are setting to study the system of easement because of its unique right structural pattern and powerful function effect Therefore, the soon releasing Law of Property Right of our country should have a proper position of easement, which is popular with the scholars nowadays. It is necessary for us to transplant and borrow foreign laws to construct a precise and scientific easement system. Meanwhile, we should base our property law on our own state conditions, and make it suitable for the background of public ownership system. In this thesis, the author bases the study on the precedent results and goes far　on　this topic. In the study, the author uses comprehensive techniques including a historical and a comparative method. This paper consists of three parts: general introduction, text and concluding part. In　the　general　introduction,　the　author　gives　a　brief　discussion　on　the　easement　system　and　our　present　study　on　this　topic,　and　then　induces　the　intention　of　this　essay.　The text of this thesis is made up of four parts: Part one is a generation of the easement system. In this part, the author not only discusses the conception, the characters and the function of easement system, but also goes on to point out that modern easement system breaks through the traditional easement system in four aspects, they are: the subject, the object, the content as well as basic principle. Part two is about the history of easement system. In this part , the author traces this old system back to Roman, from which the author induces the necessity of its existence, and the ongoing significant effect on many countries'legislation. After this, the author goes on to appraise the legislation on easement system in countries belonging to the civil legal system. On the basis of the differences of the legislation mode in these two kinds of countries, the author goes on to point out that different legislative mode represents different legislative values. In part three, the author compares the easement system with the adjacent right system. Through the comparison of these two different systems, the author concludes that in the course of adjusting the legal relation in the use of neighboring real estate, these two have many in common and many differences. By comparing these two from different aspects, the author gets the conclusion that we cannot use one system against the other one, and we should stipulate these two systems separately in our legislation like German do. In the last part, the author forwards her suggestions for the construction of our own easement system. This part contains three sections. Section one analyzes the necessity of building our own easement system from both the theatrical sideand practical side, section two discusses the specialty of constructing our easement system in our public owned system, in the last section, the author gives the detailed suggestions on how to build our own easement system. The concluding part is the summarization of the whole paper, in which the author reaffirms the importance of the construction of our own easement system.