Civil Protection Of Real Right

Real right, one of the property civil rights, is a basic right which every civilsubject enjoys, and should be acknowledged and protected by civil law. Because it isimpossible to maintain the existence and the development of a civil subject(regardless of natural person or artificial person) without having necessary property,so it is one of the major duties for the civil subject to confirm and protect their legalpossession. However, for a long time the academia of China has not formed a unifiedrecognition, for example, on how to protect the real right of civil subject, whichmode is more beneficial to adopt in legislation. So it is hard to make right andrational decisions on legislation, but the reality requires us to make the decision assoon as possible, for we are no longer in the era of planned economy, and greatchanges have taken place in people's concept of fortune and the quantity of wealththey possess. The rapid developing market economy also requires us to give the fullprotection to the private property rights of each market subject from the legal system.It is due to this historical background, on March 16. 2007, NPC has passed "CivilRight Law of People's Republic of China", in which the third chapter of the firstsector has specifically prescribed the protection towards real right, which fullydemonstrates the emphasis we have put on legislation. However, this controversy haslong been discussed theoretically; no unified recognition has been reached still,although this legislation has adopted such mode of protection of real right.Furthermore, should the civil law which comes later accept such procedure, orshould there be a more rational and scientific legislation mode available? Elites fromvarious fields have expressed their views as followed. But I believe, the civilprotection of real right should prescribe claims of real right, making thecorresponding regulations in property rights where can best present the essence ofreal rights, rather than to make a special sector like 'real right',. According to thenature and the content, over the property of another has made do (or do not)invoking regulations, meanwhile, as one of the comer stones of civil law, civilliability also should prescribe the corresponding forms of liability. By doing this, the "real right law", as an independent existed law, is complete in system, at the sametime; it meets the logical needs as a complete "civil law code". Actually, theirsimultaneously exist certainly do not overlap; neither has caused any errors in thelegislation technology. I selected this topic at a time when the "real right law"emerged; people have not reached a unified conclusion about it. I hope I can makemy due contribution to help people with valuing "real right law" comprehensivelyand objectively through composing my paper. In order to fully expatiate my views,I would discuss this from 3 aspects: First, comparative analysis of real right civilprotection; Second, the theory position and the understanding before our country"real right law" appears; Third is our country "real right law" legislation patternand evaluation.