Legal Principles And Autonomy Of Private Property

Property legal system of property law doctrine is a fundamental principle of civil law countries is also a characteristic of a system, its importance is self-evident."Property type and content prescribed by law", China's "Property Law" provisions of the case. This means that before in our country exists only as a theoretical legal principles of property rights has finally become the law.Some scholars believe that the legal doctrine of natural property rights have a tendency to absolute, serious infringement of the entire private law system, the basic spirit is more important-the spirit of autonomy of private law, with the continuous development of society, new types of "property rights" continues to generate, the inherent limitations of the legal principle of property increasing concern. Such limitations hinder the smooth transaction, while the principle of legality is its own property can not be solved, and therefore some scholars advocated the legal doctrine to abandon property, giving the parties the freedom to create their full property rights required for the type and content, they thought would and civil law the basic concept of autonomy in line.I believe that this view is too extreme the same, only the legal doctrine that property defects, but found no property rights exist in the legal doctrine deeper reason, that is, the legal doctrine of property rights inherent in a reasonable spirit-stressed that the direct control of property rights, the protection of absolute and publicity. Therefore, the principle as one of the basic principles of property law, private law does not violate the essence of property law.The principle of private autonomy is central to the spirit of civil law, property law as part of civil law, of course, should be based on the principle of private autonomy for the soul. Giving people autonomy of private law rights and obligations of the formation of the behavior of private freedom, the legal principle of property rights is a statutory authority, does not restrict the behavior of human freedom. Therefore, the legal principles and autonomy of private property rights are not violated.Article is divided into three parts:The first section explores the essence of autonomy, private law basic connotation of autonomy by fault liability and personality equality, autonomy and private right divine form, content and four of its connotation are discussed, that is the subject of private autonomy and independence will reflect a kind of freedom, the method of private law is the order of the premise, and autonomy is emphasized the subjectivity of the value concept of private autonomy, its realization through the legal behavior, is the behavior of autonomy.The second section discusses the general theory of the numerus clausus principle, analyzes the numerus clausus principle of "law" and "legal" definition of content, and then analyzes the rationality of the existence of the numerus clausus principle.The third part focuses on analyzing the numerus clausus principle and law of autonomy. From private autonomy and mandatory norms and facultative relationship, and the law of administrative compulsory and analysis of the relationship between mandatory for the private nature of the law, the law of nature, it is the type of access code in performance for mandatory norms, which is mandatory norms of jurisdiction, rather than on the behavior of the norms of behavior, and does not involve both property is not contradictory. Law is the foundation, the numerus clausus autonomy is on the basis of the legal norms, on the other hand, the numerus clausus also in order to realize the private autonomy. The third part focuses on analyzing the numerus clausus principle and law of autonomy. From private autonomy and mandatory norms and facultative relationship, and the law of administrative compulsory and analysis of the relationship between mandatory for the private nature of the law, the law of nature, it is the type of access code in performance for mandatory norms, which is mandatory norms of jurisdiction, rather than on the behavior of the norms of behavior, and does not involve both property is not contradictory. Law is the foundation, the numerus clausus autonomy is on the basis of the legal norms, on the other hand, the numerus clausus also in order to realize the private autonomy.