Mutual Usufruct Infringement Constitution And Legal Liability Research

After new China was established, for a long time our country implemented the socialist pattern of ownership and the planned-economy system and until the early-1980s had denied the existence of the concept of property rights. After reforms and open economy policies established to improve the socialist market economic system, the civil legal relationship's main subject, property rights and usufruct, gradually gained society's affirmation and protection along with the socialist market economic system's establishment and consummation. "The People's Republic of China Property Laws" was considered in March 16, 2007 by the ten National People's Congress fifth conference and passed, effective October 1, 2007. It is basic laws of our country's socialist laws system. The formulation and implementation of the"Property laws"has profound practical significance and the profound historic importance. But the rules about the related issue of mutual usufruct that the"Property of laws"has made are too simple, only in the chapter eight the 105th stipulation of the"Property of laws"says: two or more units, individual enjoy the usufruct and Security interests in common. Reference this chapter stipulates. The such broad stipulations is not clear, it is hard to solve the problem of infringement dispute and even the solution surrounding mutual usufruct, not good for the protection of civil rights, and not good for the construction of law society. In order to provides some advisory to the legal regime system, under teacher's instruction this research take"mutual usufruct infringement constitution and legal liability research--- together with two mutual usufruct infringement cases for point of view"as topic to research and discuss the mutual usufruct infringement constitution and legal liability problem.This research firstly confirms the existence of the usufructuary rights, at the same time it refutes the viewpoint, with the existence, on denial of the right to profit. Now some scholars thought that the property right implements the legal principle, and there's no concept of"Property laws"in the reality of the right laws, so the scholars denied the viewpoint of it. I thought that this viewpoint is insignificance. Thought that our country "Property laws" does not have the stipulation with ursufract viewpoint is not correct, "Property laws" in the 105th stipulation"two units above, or individuals enjoy the usufructuary rights"it is the"existence". Our country's"Property laws" has the stipulation of usufructuary rights, instead of not, although it is not detailed and clear. Since it has the stipulation, the implement of the legal principle by the property right, but in the property laws to altogether has and obtains from this with the usufructuary rights stipulation altogether has cannot establish with usufructuary rights untenable viewpoint.In definitely confirming the existence of usufructuary rights, this research expatiated on usufructuary rights'characteristic, the attribute and the potency. Thought that altogether has with usufructuary rights is two units above, or individuals enjoys together with usufructuary rights, altogether has with has the difference with the usufructuary rights in the main body and the right infringement aspect with the usufructuary rights. Altogether has with the usufructuary rights in the disposition resources, enhances the real estate to play the vital role using the benefit aspect. Altogether has with the usufructuary rights is take to the subject matter use, the income as the primary coverage, and take holds to the thing as the premise; Altogether with the usufructuary rights is his property right, the limit property right and has the deadline property right; Altogether with the usufructuary rights is mainly the real estate right. Altogether with the usufructuary rights has his potency, to overtake the potency, the property right first potency and the property right request power potency. And it analyzed that the altogether with the usufructuary rights and the neighboring power, the building discrimination property rights relation and the difference.Looking from the usufructuary rights potency, anything which violates the usufructuary rights potency will interference altogether with the usufructuary rights. Because the usufructuary rights is many main bodies that enjoys with the usufructuary rights, therefore the usufructuary rights infringement manifestation besides may altogether have from infringement with the usufructuary rights potency aspect carries on the analysis, but may also to altogether from the internal right infringement and the exterior right infringement angle carries on the analysis with the usufructuary rights infringement Altogether mainly divides into the author with the profit real right infringement constitution important document to have the mistake, the victim subjectively the fact and victim's harm and the abuse of authority harms objectively has the causal relation three big principal aspects. In addition, this research also stipulates from the civil legal relationship angle to infringement with the profit real right legal relationship main body and the object has carried on the analysis. In the author has in subjective mistake, except has carried on the analysis to the natural person main body's subjective mistake, but also had the mistake ability to the legal person is also similarly altogether with the profit real right infringement main body has carried on the elaboration. This research thought that the infringement altogether with the profit real right legal liability by the civil legal liability primarily, take administration legal liability, criminal activity legal liability and violation of the constitution legal liability as auxiliary. Infringement altogether with the profit real right turns over to the responsibility principle which takes the mistake principle as the leadership. The compensated loss, return the original and the elimination hinders, these three responsibility forms is infringement altogether with the profit real right primary responsibility undertakes the way.Hope this research will promote and protect the strength of our country's"the usufructuary rights"law, further consummate the reality of laws, and drive the speed of development of Chinese socialist legal system.