"In Civil Law Yong Dianquan" Research

Agricultural land property rights system is a hot topic in the current land reform .Some scholars who advocate Yong Dianquan believe that Yong Dianquan in "In civil law" has a strong reference on the provisions of China's current land legislation. But combing through the paper found, in the first part , there is a question of the logic in theory, the ultimate implementation is not successful as said. The reason for this is ,at that time , the right-of-living soil relying on customary law has not changed. the custom of the past which is continuing. Thus it is difficult to implement and effective start and to implement fully. From this we can see that national legislation should be rooted in the reality of a country, focusing on the unwritten rules of a culture be expressed in law. If divorced from the reality purely for the pursuit of exquisite code and legislation, then easily lead to legal text which will be difficult to implement and ultimately become a mere formality.In this paper, including the introduction, body, conclusions and references four parts.Introduction of the paper described the origins of topics related areas of research and a brief history of the academic review.The text is divided into five chapters: Chapter I on the History Yong Dianquan, China's evolution and Yong Dian system's history. Chapter II of the Civil Law of "Republic of China " before the enactment of China's judicial practice in Yong Dianquan, from which we can find although the Western Yong Dianquan theory and system of our traditional customs of Dian never had a certain impact, but the original customary law maintained still a strong vitality. The next chapter III on China's recent "one-two main" cause the formation of customary law. Chapter IV introduces the "Republic of China " on the right-field practices of adaptation and transformation. This "oppression" of the original legislation and not the customary law of a subversive impact. Chapter V of the legislation to implement Yong Dianquan effect and constraints.Finally, there is the conclusion: in the civil legislation, the system should focus on the logic of self-consistent; More importantly, the country law should respond to the customary rules of civil, especially civil customary law . If we force with a new theory to the so-called reform ,it will inevitably lead to disorder.