The Paths Of Private Law Remedies For Property Rights

There are two main types of the paths of private law remedies for property rights, one is the right of real claim, the other one is the right of claim for infringement indemnity, which is known as the tort liability in our country. The paths of private law remedies for property rights has been a controversial issue in the field of law of our country, such as whether the right of real claim should be prescribed and what’s the relationship between the right of real claim and tort liability. The controversy with the introduction of "Property Law" and "Tort Liability Act" also does not settled. In addition to the relationship between the debate, the problem of specific regime applies also generated controversy, as in spite of China’s "Property Law" provides for the right of real claim, but for the type of the system and applicable condition still controversial. In this paper, the above contentious issues to be further studied.This paper is divided into three parts: introduction, main body and conclusion. Among them, the body part including a total of four chapters:Chapter I is to discuss the right of relief, which is the fundamental study of private law remedies for property rights. The right of real claim and the right of claim for infringement indemnity are, in essence, the right to relief. The meaning and function of relief right differ in civil law and common law system, by analyze it for later disputed right of real claim and right of claim for infringement indemnity to clarify the basis cognition.Chapter II studies the issue right of real claim, which is one of the paths of private law remedies for property rights. In this chapter, I will analyze the meaning and nature, the logical basis of independent existence, the specific type and application of the right of real claim.Chapter III is about the second path of private law remedies for property rights- right of claim for infringement indemnity. In accordance with the provisions of Article 15 of China’s "Tort Liability Act", tort liability approach includes right of real claim and right of claim for infringement indemnity and the reason why this happens is rooted in the "Chinese characteristics" of "tort liability". On our law, when using the "tort liability" concept to define its meaning is not unified, the traditional way of tort liability on damages only limited, but also that right of claim for infringement indemnity. When property rights are infringed, include in the case of the right to occupy, which constitutes infringement, so produce a right of claim for infringement indemnity, but this in the "Property Law" is also specified, the different between the two and how to apply is the focus in this chapter.Chapter IV discusses the fit of two independent paths for relief. In addition to the analysis of Chapter II and III, respectively, of the two relief route, in this chapter, I will analyze the relationship between the two from the overall. In addition, the chapter also conducted empirical research. How right of real claim and right of claim for infringement indemnity to reflect the controversy in legal practice? What is its impact on the choice of referee norm? Does it really cause a dilemma on the applicable law? Whether to change the law as the only way to resolve the dispute? In this chapter, through the collection of the judgment the court cases were analyzed in order to reveal the legal application of the private law remedies for property rights for the future of the Civil Code regarding the layout and design of the issues on providing empirical support.