Legisilative Perfection Of Our Country’s Easement System

As an ancient system of usufructuary right, easement system has long played an important role, it was formally established in 2007 when "property law" is promulgated. Yet despite of the legislation of easement system in our country, in practice easement system is still strange to people and can not effectively play its biggest role. This is because of the provisions of the legislation of easement in our country is too simple and rough which brings problems to practice.With the pace of the commodity economy development becoming faster and the requirement of using land becoming higher, it becomes a realistic question on how to activate the easement system and make it more useful for the economic society. After realizing this,the author decided to make contributions to the system. The full text of the writing adopted a traditional way of thinking which is from "what" to "why" to "How". Firstly,the auther elaborated the easement system as the basis of the research. These basic problems include the connotation of easement and right attribute, characteristics, functions and development of easement in China. Then the author analyzed the current legislative situation in terms of easement system as well as some problems. These problems scatter in five areas which include scope, subject range, registration system and the reasons of setting the right and ending the right. After this,the author pursuit to the relevant provisions on the easement abroad, such as France, Germany, the United States and other countries and summarized those beneficial. Then the main part of the paper comes which is improving suggestions of easement system in China. In this section, the author found the corresponding problems existing in the legal system.We should extend the scope of the easement, expand the scope of the easement of main body, clear the registration rules and the reasons of obtaining and ending the right. These consist of the legislative proposals of easement which is based on our real situation and advanced concepts of other countyies. At last,the author hopes that this essay will be useful for the development of easement system in china.