Research On Two Modes Of The Protection Of Property

Property Law of China was taked effect in October,2007,the chapter3ofproperty law provide that rights of real claim should include several kinds of specificrights,there are confirming the real right claim, the return of the original objectrequest right, to exclude the interference of right of claim, eliminate the risk of claim,claim for damage compensation. Tort law of China was taked effect in2009,the article15’s content provide8kinds of ways to undertake the tort liability,but some contentsof that between the property Law is overlap.Neither Property Law nor Tort law bothcannot define the rights above-mentioned,that will result in that when obligee’s matteris damaged by the infringer, whether or not oblige can claim on the basis ofProperty Law or Tort law at will?Will the tort law became effectless?Centre on the debate above-mentioned,this article discuss it from differentangles:first, it introduce the ways of protection of property rights which is regulated incorpus of civil laws of several countries,and also refer to evolution of protection ofproperty rights;second,introduce several viewpoints of the argument and focal pointsbetween those viewpoints;third,it introduce China’s mode of property rights’protection and point out its defects. In addition,this article discuss the relationbetween logic and value judgment, value judgment is also an important elementwhich should be considered when make and apply law.Both Property Law and tort law are very important for protect obligee’srights,it’s necessary to define the rights of real claim and make it clear that how toapply the law when obligee’s rights be damaged which will not result in tort law become effectless.Limit to the length of this article and ability of writer,there are still a lot oftheory queries which cannot be discussed here,just hope the issues which be pointedout and discuss in this article can make some beneficial contribute.