Easement Comparative Study On Several Issues Of Mainland China And Hong Kong

With Hong Kong’s return to Chinese sovereignty, China has become a country which has kinds of different legal system existed together on the territory. Because of belonging to Anglo-American law system, the special administrative region of Hongkong adopts the capitalistic legal system. Since the ancient times, China has always been a country belonging to Continental law system. Owing to the difference of legal distract, distinction of legal system Chinese legal system is extremely special all over the world. In recent years there have been a number of legal conflicts during the frequent communication between Mainland China and Hongkong. So it is very necessary to make the legal system of Mainland China relatively consistent with Hongkong’s in order to reduce the legal conflicts and benefit the communicative relationship.Easement, originated from Roman law, is a right that brings the benefit to your own land from making use of another land. And it plays an significant role in our daily life and working. On the one hand, easement helps improving the ability of land use when providing the benefit for your land from the use of another land. On another hand, in the form of contract easement helps to resolve problems on the use of land which contributes to improving neighborhood relationship and the stability of society. Since the easement came up, it has been taken and developed by many countries. The easement was established in the Real Right Law of the People’s Republic of China in2007, however, as a new right there are several problems about easement on the aspects of composition, kinds, effect, registration. Both on theories and practice the Hongkong easement has been developed very well since a hundred years ago. Therefore, the purpose of comparative studies on easement between Hongkong and Mainland China is to find the disadvantages on the easement of Mainland China and improve our legal system of easement from learning the Hongkong easement.First, I will discuss about the easement from the aspects of concept, features, nature, kinds, in order to introduce the foundational theories on easement. Second, on the basis of prior theories, I will make a comparative analysis on easement between Hongkong and Mainland China to find the defects on legal system of China Mainland easement. Finally, under the consideration of improving Mainland China easement, a series of constructive advise will be proposed.