Definition Of Research Material

Content is the basic concept of property law, property law research, first of all should make it clear what is the content. Although the property law has made provisions on things in our country, but the rules did not tell me what is content. What is the very nature of things, what is the connotation and extension of, is still a unsolved problem. Especially in the face of the emergence of new content in modern society, the what to do, become a problem to be solved. Specifically for domestic property law on the content of research is not much, only in research property rights definition, incidentally, this paper discusses the content, the understanding of the definition of material have their own opinions, some think that things are only functioning, some think that the range of content extension makes no longer limited to functioning, some with no body content can also be content. Definition of objects, these views are not from the shackles of functioning item, is still limited to from the perspective of form to define. In this article, the author in modern society as the basis, the breakthrough tradition of struggle with functioning content and no body content between way, with a new method to define the concept of content, the content covers the concept of history of the concept of development has all the occurrences of the object, and meet the needs of the development of modern society. This definition is defined by the specific approach to the definition of abstract way, makes the definition of content to constantly adapt to change and development.Preface part of this paper introduces the definition of object this selected topic research background, the subject of value in the property rights law as well as the domestic research status.The first part:definition in the traditional society. Before the definition of studying in the modern society, it is necessary to explore from the perspective of history the definition of content, realize what is in traditional society of backward productive forces. Content is given priority to with functioning item on Roman law, but also contains no body content, the creditor’s rights, right to preapre for no body, such as principle and functioning and belong to the ownership of the object category. Even if the content of the debt relationship in the Roman law, but claims no independent legal status, is a kind of with no body content. France’s content while using the property of the generalized method instead, but its meaning remains basically inherited the things of the Roman law. German law, takes the property system will split in two, the real right and creditor’s rights and independence, and the real right object strictly as a functioning.The second part:to the property law about the definition of content evaluation."Property law" article2paragraph2:"referred to in this material, including real property and personal property. The legal provisions of rights as the objects of property rights, in accordance with its rules." The law is my China’s "property law" for the regulation. Such a definition is both innovation place, and there are deficiencies. Place innovation embodied in legislation on how skillfully avoided to define the problem, but the content can be divided into movable property and real estate directly, it will shift illustrates China’s property law directly on the object is no longer confined to the functioning, and suggests that our country’s theory of property rights has begun to walk out of the traditional concept of real right theory of content will be functioning in the shadows, gradually adapt to the development of modern society. In addition, the way of such a definition is clearly flawed, what material is this one still not fundamentally solve the historical problem, the new new thing the question of whether can become the reality of things still didn’t get the answer.Such avoidance techniques directly shows that our country’s legislation of property law in the content is no longer confined to functioning. This is a very reassuring idea transformation, shows that our country’s theory of property rights has begun to walk out of the traditional concept of real right theory of content will be functioning of shadow, gradually adapt to the development of modern society.The third part:the definition of traditional content in the modern society. The Romans first attaches great importance to the external form and clear segmentation of functioning and no body. The Romans attaches great importance to the content of the form because they took a fancy to form in the content of specific has unique significance of the value of the form is only for this way right publication provides the material basis. Sense of form, therefore, is only for possession of this right publication way provides the material basis. However, in modern society, along with scientific and technological progress and economic development, the denotation of expanding, functioning to content to define content cannot meet the needs of modern society. Needs to be treated as object and set the object of real right on top of it is not only functioning, light, heat, electricity, magnetism, gas channel, space, such as the object, even by the network rules, public resource utilization artificial activity of some object, also need to acquire the material status and make the holder for the protection of the law. As a result, the denotation of expanding, by way of functioning content to define content was in trouble.The fourth part:definition define objects in modern society. This part is the core of the article before the parts are in do matting for redefine content, provide the theoretical basis. In modern society, the scope expands unceasingly, the presence of a mode is no longer just with entity content is given priority to, also appeared a lot of in the form of the abstract content, including securitization, digital content, and so on. Content can be content, does not lie in whether has the physical shape, is the ability to meet certain needs of the people, has a certain value, is a kind of property interest. Therefore, both in physical form in traditional society and modern society, the emergence of new abstract objects can be explored in the form of its essence, namely the property interest. Based on the understanding of the modern society is in the very nature of things, we can induce the things of the modern society:the definition of a material is a kind of existing and determine the property interest. This definition out of the traditional real right theories of myth, the theoretical basis points by ShiWuXing turned to the value of things, starting from the very nature of things has been clear about the content or property interest, with the development of modern society and the need to match.