Text Analysis On The Property Law In The Major Countries And Regions Of Continental Law

After years of efforts, China’s "Property Law" passed in2007,on its text, thesimilarities and differences of Property Law in the civil law countries and regions, isnot the subject of jurisprudence in-depth study. Taking the text analysis methods whenthe Dutch scholar--Henk Van Mull Severn compared written constitution to analyzeand compare Property Law in12major countries and regions of civil law, includingGermany, France, Japan, Switzerland, Italy, Portugal, Argentina, Russia, South Korea,the Netherlands and China, and China’s Taiwan region.In accordance with thelegislative system of China’s "Property Law", taking the way that the form of questionto interprete the provisions,and listing156questions. Then statisticing in the form ofa percentage of the similarity of the degree of similarity of these samples property lawin a system. Summming up by the form of the chart,we can see that67in156questions shows the similarities. The existence of such similarities and differences insample property law, have historical, social and legal traditions, and many otherreasons.There are some flaws in our “property Law”, First，there are a lot of legalconcepts and legal provisions that the legal nature of defining unknown and nonsensetype,copy type, Secondly, to a certain extent，our “property Law” did not follow thedevelopment of society，some important systems did not be provided。Thirdly,on onehand, ownership and usufructuary right, and a security interest are not in the samelogical level。On the other hand，"Trichotomy" of the ownership structure of thesystem model,is to apply the results of China’s basic economic structure of thesystem。So it is necessary to establish a scientific concept in Property Law. And theimprovement of Property Law should be based in the viewpoint of development，weshould re-examine the necessity of the existence of provisions in “Property Law”. weshould build a reasonable logical structure of Property Law。On the one hand，weshould build a logical legislative system in “Property Law”. we should build areasonable structure of ownership，and try to get the ownership structure in theory dothe same and comply with the requirements of the civil law system of norms.