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Research On The Property Right Of Internet Age

Posted on:2013-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
GTID:2216330371960831Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under the environment of the Internet, originally the Property Rights Law that established in the industrial society or agricultural society must be under attack. Despite we realize or not, the challenge to the property law has been and will be existing from Internet that is open, free and high-efficiency.This research paper mainly constitutes four parts. The first part is mainly discussed the principle and idea of basic property rights of internet age. Through analyzing the traditional principle and idea of basic property rights, and pointing out the defects that it has.And put forward the internet age should construct the basic principles and idea of the property rights. The second part is Publicity System of property rights in Internet age, through the analyzing the difference between domestic and international Publicity Systems, the strength of the publicity System in non-Internet age is that making the business safer, but weakness is that has very low- efficiency and the cost issues. Therefore, using the publicity system with its convenience and high-efficiency to make the trading time shorter and slash the transaction costs, and in order to ensure accomplishment of the purpose of that business is going on smoothly.The third part is mainly discussed about property right alteration mode. At present, the binary pattern has been used in China's legislation in the property rights, which is as creditor formalism for the principle, the intentionalism as the exception. As social constant development and the progression of science and technology, the property right alteration mode also exposes its weakness. Therefore, property right alteration mode should adopt intentionalism, traders are using network transactions, it only against the validity of the third person, but the operation will not be affected.The fourth part is discussed about Conception of property law system in Internet age. Mainly through analyzing the current property law system plan the property law system in Internet age. Indiscriminating the real property and personal property, but that use the unified online registration system, to make the property rihgts become simple and clear.Therefore, by challenging the traditional legal system, property rights need to accept new ideas, build a new system of property rights to meet the needs of social development of the Internet age.
Keywords/Search Tags:network era, the idea of value, public system, property alteration mode
PDF Full Text Request
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