Rethink The Legalization Of Real Right

Real right legalization principle, which is also called real right legalization doctrine, is considered as a basic principle in traditional real right law in continental law system. This proposition is not only created by scholars of civil laws, but also depends on several legislative patterns of real right. In our country, there is no civil code hitherto, and there are no specific provisions concerning real right legalization doctrine in General Principles of Civil Law. At present, the establishment of real right law is in intense publicity campaign and it was said that it would be passed in annual session of People's congress this year but it proves to be wrong. However, it is obvious that the proposal draft presided by influential scholar, Liang huixing, the proposal draft presided by Wang liming and the proposal draft of opinions by Central Work Committee of National People's Congress have adopted real right legalization principle. It is likely to make a conclusion: it is undoubted that real right legalization principle can be considered as basic principle of real right law. Real right legalization principle is originated from Roman law. Some countries adopt this principle in legislation while some not and some scholars agree with this principle while some criticize it. How to understand this phenomenon? Whether it is necessary for real right legalization principle to exist in modern society? Whether reasons for agreement or criticism are rational and abundant? Which is the way out for real right legalization principle? The author attempts to probe into this problem by combining specific situations of our country and follows such trains of thought as: first, sort out all theories in order to clarify connotation of real right legalization...