On The Legislative Selection Of Real Rights Alteration Pattern In China

The alteration pattern of real right is a specific way to legally adjust and control alteration of property based on juristic act by national and regional civil legislations. Expressionism and Formalism are formed in traditional civil law countries due to the difference of historical background, economic structure and legal culture tradition. While Anglo-American law countries form Patterns of Transfer of Deed and Transfer of Registration during its legal tradition and practice.In the final analysis, the difference of real right alteration patterns lies in the fact that how to use the real right alteration pattern not only involve interest allocation of parties, but also the safety and efficiency of market transaction. Since 80's of last century, real right alteration pattern is always the hot topic in the civil law circles. In the progress of drafting Property Law of PRC, scholars have greatly disputed over the legislation selection of the real right alteration pattern. Furthermore they quest for new model of real right alteration pattern and raise Real Right Expressionism and Absolute Real Right Act Theory. The selection of real right alteration patterns is closely related with the rise and fall of a country's market economy, so undoubtedly it has great theoretical and practical implications.Property Law of PRC favors formalism, and it adopts formalism as the real right alteration pattern, but when it concerns the real right alteration of vessel, air craft and other transportation facilities, easement, chattel mortgage and contracted land management right, it exceptionally adopts the expressionism alteration pattern. Combined with scholars' innovation theories and based on the alteration patterns of civil law and Anglo-American law system, it is proposed that we should uniformly adopt creditor's right formalism as real right alteration pattern, which is in accordance with China's current situation and legal tradition and meets the demands of economic development, spirit of the time and legislation tradition. Any law is the legacy of social economy and culture, main stream thought and historical tradition of specific countries and regions, and then it develops into different order patterns which similarly embody fairness and rightness understood, experienced and enjoyed by people.