Font Size: a A A

On Building The Public Easements System In China

Posted on:2013-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:P WuFull Text:PDF
GTID:2246330362473978Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, in the progress of promoting the urbanization, because of theconstruction of urban infrastructure projects, the govermernt may restricts the use of thrimmovable property of the neighboring residents, and thus will infringe on the privateproperty rights. And when we try to explain or overcome these issues from thedimension of protection of private property rights, it is inevitably to resort to the theProperty Law. However, the purpose of constructing urban infrastructure projects is topromote the public interest. It is significantly different from the easements stipulated inthe existing Property Law, which is based on promoting the private real propertyinterests. In addition, many restrictions due to the construction of this kind of projectson the neighboring residents’ rights in real estate, are also far beyond the boundaries ofthe neighboring relationship on the existing Property Law. So the relevant provisions ofthe existing Property Law is not enough to adjust and solve such problems.This paper discusses the construction of our public easement system, and makerecommendations to build the public easement system on the Property Law, is to clearthe rights and obligations between the government and the private under the publiceasement relationships, and to address the conflict between the public land and theprivate property rights.To establish public easements on the property law system is of great practicalsignificance. First, it helps to improve the easement system, morever, it’s able toovercome the difficulties faced by public easements under the adjustment of the existingpublic law. It will not only promote the development of China’s public utilities, but alsoeffectively protect the legitimate rights of the privates.Constructing the public easement system on the Property Law, has apparentsuperiority in solving the problems that the government limits the private real propertyuse for the reason of public welfare. However, the nature of the public easement ispublic rights. As a result, its involvement in the field of private law needs to go throughthe demonstration on the necessity and feasibility.So the layout of the article, in addition to the introduction and conclusion, isdivided into five parts:The first part is the legal analysis of the public easement system, which includesthe concept, the nature and status of the public easement, and the relationships and the differences with the private easement system and the neighboring relations system.The second part is the necessity to establish a public easement system, whichdiscusses the difficulties faced by the public easement under the adjustments of existingpublic law and the existing Property Law is insufficient to support public easementsrelationships.The third part is the feasibility analysis on building the public easement system onthe property law in China.The forth part is the references of the extraterritorial reaserches and doctrinesrelevant to public easement system.The last part is some ideas and suggestions about building the public easementsystem in China, such as the definition of public interest, the set up mode and theestablishment procedures of public easements, the rights and the obligations, thetransfer of the right, the terminate.of the right, and so on.
Keywords/Search Tags:Public easement system, Public interest, Property right, Easement
PDF Full Text Request
Related items