The Theory Of The Juristically Act Of Real Right

The juristically act of real right theory from its birth disturb the civil law scholars in continental legal system as well as legislators. After nearly 200 years of trials and hardships, the juristically act of real right theory is still glow with youthful vitality, it shows the tenacious vitality. In this paper, the value of real act theory point of view of judicial practice, the theory of property rights analysis of behavior that should draw the positive elements of the theory, rejecting its negative aspects, so as to provide a new practice, the administration of justice in property rights analysis and referees ideas.From the juristic act of judicial practice, the perspective of the value of property act theory is analyzed and the judicial practice in cases involving property disputes, acts of property rights theory of the core principles: the principle of distinction, not because of principle, the principle of legal formalism content, practice effect, comparative analysis of multi-angle.Learned from the analysis: the objective existence of property act, making the distinction between property rights and claims, the burden of the distinction between behavior and disposition made the existence of basis in reality.The transactions of the diversity of modern society, making the process of the interests of the property structural changes in the increasing complexity, which decides the principle of distinction is not only a means to achieve autonomy of private law, but also to become a tool for carrying one of the national judicial referee.But not because of principles despite being criticized by many jurists, but through the form of specific transaction, the transaction value of the order of the measure, and its and the Innocent comparative analysis of the draw: Wu for the principle possess Protecting the business orderThe function can not be substituted for the principle of non-existence due to defects can also be based on legislative policy and value judgments to be a choice, correct.By small but complete analysis of the legislation that our country should take full advantage of future acts of property theory, the existence of flaws in the theory to be perfect, and future legislation on how the absorption of China, improve the juristic act of in-depth thinking.How to improve future legislation put forward their views: Confirm property acts, not because of the principle of complete characterization of the parties and the public property to effect change in the meaning of the act of publicity is recognized.The purpose of this writing, have tried to illustrate the law's significance lies in the application of the merits of the legal system design distinction is the legal basis Shiyong the effect of the legal system, the design could Cujin social and economic order of the stability of the economy's prosperity can Cujin Can members of society in general goodness to achieve the goal. From the perspective of the value of property theory and practice acts, acts of property rights theory analysis is a new attempt, and perhaps a less successful attempt. But I still hope and believe this study to deepen the discussion of the problem can be helped.