On The Usufructuary Right Nature Of The Real Leashold

Whether the nature of the real leasehold is the credit right or the real right,which has always been a endless controversial topic in the academic circles. To be summed up,there are three doctrines, which are the doctrines of the credit right, the real right convert of the rent right and the real right,by now.And the doctrine of the real right convert of the rent right is the mainstream one in the academic circles.However, the doctrine of the real right convert of the rent right has mixed up the difference between the credit righ and the real right,which is the theoretical foundation of the civil law and should not be shanken.In order to accurate the nature of the real leasehold,the author first studies and analyzes the origin and the history of the rent,and gives the real leasehold the accurate meaning through the empirical analysis; After that through comparing the theory of the three different schools of the real leasehold,the author find the reason of the controversion, which is the standard people used to distinguish the credit right and the real right is different,and causes the different views on the complicated real leasehold. So the author has sdutied the division theory of the credit righ and the real right,and at last decided to chose the content and the effect of the right to be the standard of the division of the credit righ and the real right, and the logical starting point of judging the nature of the real leasehold.At the same time, through the comparing the legislation and academic research of the real leasehold between our country and the abroad,and by comprehensive analysising and studing the important role that the real leasehold palyed to the social and economic life,the author draws a conclusion that the nature of the real leasehold is usufructuary right.The author also think that we should put real leasehold into the system of the usufructuary right in legislation,which is with significant and epochal significance to the the theory of civil law and the socia reality.