On The Harmonic Function Of Public And Private Law Of Usufructuary Right

Property right socialization raises the status of usufructuary right in modern property law,and proposes new important task for the development of modern usufructuary right which to achieve balance between the owner’s, the usufructuary right holder’s interests and the public interests. This is the origin of harmonic function of public and private law of usufructuary right.In the process of the localization of usufructuary right,it becomes more and more prominent.Judging from the ontology of usufructuary right, its realization needs harmonic function of public and private law which could remove constraints on the identity, separate obligation of usufructuary right holder of public and private identity, get rid of identity obstacles in the development of usufructuary right. At the same time, introducing necessary public law regulation to the usufructuary right could ensure full realization of private interests and public interests of usufructuary right.The realization of harmonic function of public and private law of usufructuary right relies on the construction of model. The model should ensure the usufructuary right under the premise of private property.Then define the common control scope in usufructuary right of public and private law and set up corresponding switch-over clause to realize necessary protection or restriction.Determination of common control scope can gain a clear idea of the relationship between public law and private law.It avoids public power interventing to the usufructuary right at random.Switch-over clause is a technic setting of implementation model on harmonic function of public law and private law of usufructuary right. It is a pipe which introduce public regulation into the usufructuary right. Lawmakers should set specific switch-over clause for specific type of usufructuary right involved matters of common control of public law and private law.And understand which public law should be introduced and what legal effect might be produced.When lacking of concrete switch-over clause, judicial person should be added some general switch-over clause. Through this way,we can find, evaluate and identify exercising such a usufructuary right which involved public regulation will product what kind of legal effect.Switch-over clause’s configuration and the specific design in usufruct of property law in our country is basically consistent with the implementation model of harmonic function of public law and private law of usufructuary right.It is scientific, reasonable and helpful to realize the harmonic function.