The traditional continental law system (Roman law) included a kind of personal property form which was grounded upon private rights, we called the"right property form".It is defined as a certain form and exhibited private property.The private land Ownership is the symbol and foundation of "right property form".In contrast to this, due to authoritarianism in early China,"right property form"did not engender in such a legal culture, but appear the"authority property form".All of these make up a intersection of history and reality.According to existing law, the land ownership belongs to the country which deprive of the basis of "right property form", bring about the home ownership contradictions and inconsistencies in our legal system.That’s something that can to some extent be alleviated by legal technical, though not eradicate dissimilating predicament of private property as ignificant manifestation of the"right property form".The settlement of this problem must depend on hard bargaining between and right and power. |