Usufruct System Research

This papers discussed the system and construction of usufructuary right, and advanced the ideas to set up the system of usufructuary right. Usufructuary right is a kind of important of real right .It is the real right which utilits the thing's use value, and which controled thing's entity. Through the method of history research,the writer studied deeply the origin and development of usufructuary right, the usufructuary right comes from the ancient Rome and its purpose is the solution of condition between the ownership and the utility. The modern usufructuary right originated the Rome Law, and have already realizes the change from the"ownership" as center to "utility"as center. It promotes the thing to be utilited effecientlly and makes the relationship of thing's utility to become the real right, thus makes the party'right stronger. The land belong to the public system in our country .The individual can't possess the landholding . The utility to land and the land's ownership is isolate. The purpose of usufructuary right is in accordance with our country's statues. The usufructuary right can make our country land to be use effecientlly. Through the research to the usufructuary right of German France and Japan, the writer thought that the system of the usufructuary right come from the law cultural of nation the law and the intraduce of the law of other nations . The establishment of usufructuary right is the result of acting mutually above two aspects. Right to contract for management of land and Right to usage of state-owned land are the mainly usufructuary right in China. Right to contract for management of land is thick ,and its characterise of real right is not clear and definite. And it,as a kind of real right, ruled by the administration law result in the confusion of law system .The utility right of land in China lack thesystem.The right to usage of land is too much scatter about. The lawmaking is too much simple, and some important usufructuary right is left out,and some rights is not enough clear and defmited.These are the key problem of our country's usufructuary right.There have been some the usufructuary right at China civil law but they have not formed a system of the usufructuary right .At last, the writer advanced the ideas of setting up the system of usufructuary right,and put great emphasis on the Superficies and Right to usage of farmland. And then intraduced the rule of usufruct at the civil law of German and France into the civil law of China as an enlightenning on setting up the usufructuary right.