Choice Of Legislative Mode Of Real Right Change In China

The legislative mode selection of the shift of jus in nem is a focus problem to establish the law of jus in rem.There are several kinds of legislative mode in the world.China should select the most suitable legislative mode of the shift of jus in rem.The dissertation falls into four parts.The first part discusses the nature of the problem of the legislative mode selection of the shift of jus in rem.lt should be a problem of how to explain the living world by civil law.The second part compares the main legislative modes of the shift of jus in rem.First expound two basic theories :the principle of publication and trust,the "dingliches geschaft" theory.Then discusses the virtues and defects of three kinds of legislative mode: ownership of property deed doctrine,jus in rem formalism and ownership of property formalism.The third part discusses the present legislative situation and it1 s defects.The fourth part selects the most suitable legislative mode of the shift of jus in rem to China.The ownership of property formalism should be choosed.