The Integration And Isolation Of Property Right And Debt Right

Property Law modern theory has been developed to a state,which claims dual structure of the doubt stage. This is not the suspected scholars playing with words, but there is a profound history, the reality of the legal technical reasons. This article is from the three aspects of the property claims dual structure interpretation, to try to find property claims dual structure behind it, the internal mechanism of this instability for the digestion of suspected state to find a way out.The first chapter of this article, from the perspective of history and the right form to interpret the property and debt binary system. The dual structure of the debt and property originated in ancient Rome, the Middle Ages through the influence of humanism, natural law thinking of the spread of the "German Civil Code," was promulgated, rights Paradigm shaped, and turn into future generations understand the law as the necessary legal research Tools, which became law on the "inhibition." Thereafter, right through this paradigm of the technical interpretation of the rights paradigm has found significant deficiencies, a direct result of these deficiencies property that claims of the relative relationship.The second chapter is through the vary of property right and debt right to interpretate the perspective of the rights paradigm. However, in this process that, in addition to the right outside there is a paradigm of paradigm - persistent in the pursuit of the concept of metaphysical system, the research paradigm in terms of the China Law Society seems to be more fundamental. Points of reference. First, property claims of debt, speaking from the traditional ,is that the dual structure can not meet the needs of economic and social reality and to adapt to a way, but this approach has not oriented to a known target. In the metaphysical paradigm guidance, we will continue the questioning, claims of property rights after what is right? In the analysis of the dual structure brought about by the law, economics, philosophy and difficulties that we found that the law research was on the wrong direction. We are only in a rational under the influence of the Almighty, the ultimate nature of the concept, want to find out the concept behind the phenomenon as an unspoken "entities" and the entities once found ,it seems that all the problems will be solved. But this end, faced with a strict practice of law on loss of the value of their own research. Abstract mode of thinking, the logical structure metaphysics, and the reality of economic development between the objective requirements of the tension is growing. Second, after the study the phenomenon of property right turning into debt right,we found that all the advantages and features are arising from the comparison. In turn, the characteristics of the property is in the comparison only. In short,debt and property rights are mutually reinforcing, seamless, they are two aspects of contradictions, both habitat only one or two will attributable to the demise. Therefore, if property of the existence of property claims of debt or debt claims of property, which is absolutely impossible in the binary system of internal solution, we must seek in the dual structure of theoretical explanations. However, the dual structure of the debt theory rooted in law, which was re-select a new interpretation on the path to debt destroy the dual structure of the roots - the right paradigm.In this paper, through the second chapter for the two paradigm, the paper from the perspective of Western Philosophy way of philosophy, which tell us that it is speculative metaphysics from the world, living life to the world. After interpretation the general principles of property law, this paper find two technical way:First, the right of statutory into rights of the agreement. Second, change from the paradigm of the right to legal relations of paradigm.