Easement System

The natural property of such real estate as land and building etc decides it impoddible to completely realize its use value in the spheres of self, but to be realized through that of others as assistant, this is decided by the essential property of mutual one body of real estate. Easement because of its unique tight structural pattern and powerful function effect, once again aronses compatriots attention. For the land resource is becoming rare ' day by day and land use relations is becoming increasingly complexed, therefore , the soon releasing Law of Property Right of our country should have a proper position of easement, which is also the viewpoint of main stream in academic .The problem lies mainly in how to establish scientific strict easement system, Our country hasn's done well in this. Its prime causes lie in seriously lacking of consideration of the reality done well in this. Its prime causes lie in seriously lacking of consideration of the reality of our own country , or completely disregarding the national condition of our country. Thus our national easement has become a reprint of foreign law or the sightly reviewed foreign law becomes our country's easement system without fully understanding of our national reality . There fore the eatablishment of easement system must be set in major background of public ownership of land to make it acceptable and effective. In this paper, the author make an exploitation of eadement under the condition of public ownership of lan on the foundation of others reseatch accomplishment . The paper consists of introduction, text and conclusion.In the introduction, the author makes a brief exposition of our countrys easement system with outlining the related research and thus derive the writing intention of this paper.The text falls into four parts.The first part: the analysis of legal principle of easement, In this part, the cuthor discussed the nature, feature and function of easement. In the meanwhile carried out simple intriduction for academic redeatch and the related legislation of some other countries.The second part : Easement and its related right. Frist ,the authed the relationship between ownership and easement, thinking that. easement is produced on foundation of ownership , a kind of independent right equal to ownership. and then analysed the relationship between easement and adjiacent right , thinking it to be both in the independent and mutual compensating . Finally, the author dixcussed the relationd between easement and personal servitude, pointing out both should achieve interactive development.The third part: The influence of public ownership of land to eadement. In this part, the author analydsed how the public ownership of land influence the main body, trandferability and effectiveness of eadement. The analysed the huge distinction between easement under the condition of public ownership of land and of private ownership of land . At the time , the article expound and proved the importance of solicitude of the reality of our country.The fouth part : About the legislation thoughts of easement of our state . Fitstly , the author analysed the legidlation value of eadement , thinking its legidlation value lies in the objective need of land use and its unique system advantages. Secondly , the author thought we should keep to the legislation principles in the legislation of easement system . Finally , the cuthor made an explanation about the option of legislation system of easement.Then the cuthor summarized for the whole text and reiterated the important of solicitude to rhe reality of our country in convluding remarks.