An Economic Analysis Of Modes Of Property Rights Alteration

Property change is the core issue of the theory and practice of Property Law. It is also the key issue in the development of a modern market economy. Around changes in property, according to the reasons for changes in property and rules of changes, in the world it formed three models on changes in property:Meaning of Marxist claims, Property formalism and Meaning of Marxist claims. The backgrounds and characteristics of these three models are different. The issue that model is more scientific and rational, more suitable for the needs of development of economic and society has became the focus of discussions by scholars. It also becomes the primary purpose of the creation of this article by author.In conditions of the modern market economy, property is in flux always, which becomes one of the basic economic activities of market players. Legal regulation related to property changes should not only reflect the basic requirements of the legal property but also have related economic functions. It means that patterns of changes in property rights should reflect the economic values, which includes to reduce transaction costs, to improve the trading efficiency, to pursuit of utility maximization and to achieve balanced results. A good model of property rights changes should also make these four aspects as a measure of the standard.The paper uses law and economics as the method of analysis, microeconomics as analysis tools and Posner's theory of law and economics. The paper analysis these three patterns of property changes on economic nature by means of transaction costs, utility maximization, efficiency and balanced. Then it reaches advantages and disadvantages of a variety of patterns of property changes and pointes out the economic value which the property changes should have in the present market economy conditions. In addition, it carries out economic analysis on patterns of property changes in China linked with China's features and the relevant legislative provisions of Property Law. The paper points out that the current patterns of property changes that formalism of claims-based and supplemented by means of claims doctrine has essentially been based on conditions in our country at the present stage. It is a pattern of property changes with Chinese characteristics. It is basically in line with the characteristics of China's modern economy and society, which is conducive to play effective on property changes.On the other hand, there are also inevitable defects in our binary mode-property changes. In addition to this, I also took note of the deficiencies on changes in China's real estate property registration system. I argue that effectiveness of the registration on China's real property transfer should be reforms to effectiveness of antagonism.Writing of this article is based on changes in three patterns of property changes. The writing approach is to use analytical tools of economics. The purpose of writing this paper is to reveal the economic nature of property changes by economics rational demonstrating on patterns of property changes, then to provide services for China's economic and social development by the use of the economic characteristics of such property changes and to provide effective law and economics references and strong intellectual support for socialist modernization.