Right Statutory New Exploration

Real right legalization principle, which is also called real right legalization doctrine, is originated from Roman law and considered as a basic principle in traditional real right law in continental law system. Some countries adopt this principle in legislation while some not and some scholars agree with this principle while some criticize it. With the development of society as well as various laws, there have been more and more doubts for real right legalization principle and it has been gradually weakened. Is it necessary for real right legalization principle to exist in modern society? Are the reasons for agreement or criticism rational and abundant? Which is the way out for real right legalization principle? On the basis of studying its connotation and foundation, the author considers that real right legalization principle is still of great importance. Despite of certain limitations, real right legalization principle is still of important meanings and it should be firmly adhered to in the legislation of our country. At the same time, in the implementation of real right legalization principle, we should learn as references the useful experiences from other countries concerning the weakening and mitigation of this principle.