The Status And Amendment Of China's Easements System

China's existing property rights legislation and theoretical research on ownership of the building as the core,with his support for property fights means the closure of a solid circle. Almost all the property rights are established in the attribution of rights as the core of the framework of the start.Property legislation to security,stability,as the value concept,the type and content of property rights,pursue the "legal and property rights," people are not allowed to randomly create types of property rights,legislation may not easily break.With the complicated social life and the related concept of the rise of property law is rigid and traditional property rights theory and practical needs of out of line can be seen everywhere,such as a large number of neighbors prejudice,pollution and other issues in the current framework is difficult under private law Be satisfactorily resolved.China introduced to adapt to the new era,an independent property law,to a certain extent,reflect the practical needs of the community,in rationalizing the use of real estate on the relationship between Western countries and learn from the Taiwan region of China,established a system of easements,easements The right to design a system early.In this paper from others on the basis of research results,public ownership of the land under the easement system use historical analysis,comparative analysis method,case studies,concrete was discussed.Divided into the following sections:Part One:easements legal analysis.In this part,the author of the concept of easements, nature,characteristics and functions of the exposition,while some other countries,the relevant legislation and academic research conducted a brief introduction.And easements and rights related to the relationship between the carding,of easements and ownership,easements and the relationship between the neighboring relations.Part Two:China's system of easements to view the status quo.In this part of China's easements from the system starting with the history and present of China's property law easements in the status of the system,pointed out that China's system of easements under the status quo.Part Three:My easements sound system.First,from the easements should improve the system of legislation should follow the principle of start,the second part of the corresponding paper on China's system of easements to the specific details of the proposed construction of sound advice.