The Research Of Public Easements

Public easements origin in the life of the public interest for the purpose to limit the rights of the private immovable property, Led to a conflict between public interests and private rights. There are a lot of needs in the real world about public easements, such as the protection of the historic look of the building, the construction of oil and gas pipelines, power grids and transport infrastructure construction.There will be a conflict of public interest and private rights.Easements existing legislation is still not enough to solve the huge demand of the public easements; Public easements in the legislation of foreign countries shows that the feasibility of a public easements and the China legislation with reference value. Most of the mode of resolve the problem are administrative regulations in the existing legislation, ignoring for the protection of private rights and promote resources to make the best use of the criteria.As the background to the current land policy, the nature of the public easement is adjusted by public law private law rights ". Public easements as a private law has many advantages. China’s property law should be based on the mode of "property of the general law" and "Property special law" to build the public easements, public easements on the Property special law, registration, termination, compensation, relief and other issues the regulations.