Examination On The Problems About The System Of Property Rights

The continuous change and development of social life lead to the rise of many new kinds of rights, which undermine the base of ever lasting system of civil law. More and more scholars begin to pay attention to and anticipate in the discuss of the concept, the criterion of rights and the rationality of the rights structure in the "creditor's rights - real rights" system, among which the essence of property, the division of creditor's rights and real rights, the relationship of real rights and intellectual property rights and the criterion of restructuring the system of property rights are the main focus.This article is divided into three parts.The first part is on the basic concept, mainly on the analysis and definition of property rights, property and the invisible property rights.The second part is on the comparison of creditor's rights and real rights, the comparison of real rights and intellectual property rights. The author holds that it is of great importance to differentiate real rights and creditor's rights, both in theory and in practice. However, the excusive criterion of differentiate never exist. As for the relationship of real rights and intellectual rights, there is no essential difference between them except for the form of the rights.The third part is the consideration of the system of proper rights. After listing some of the new rights, the author analyses the theories of property rights in academic circles. Now there is not a perfect theory about the system of property rights.The fourth part is the prospects for the system of the property rights The author holds that we should be more cautious to change the traditional concept system, but to point out a reasonable solution to locate intellectual property rights and many other new types of rights in the traditional system...