On The Legislative Choice Of The Future Civil Code Of Real Right Change Mode

For the change of real right model, the "property law" is used in a two yuan structure. This two element model of legislation on the civil law system, the coordination and rigor of the destruction of a lot of damage.The first part of this article introduces the registration effective system and the registration counter system in the "property law" and the two elements of the changes in the pattern of changes in the background.The second part illustrates the dualistic pattern of alteration of real right and their underlying the theory of alteration of real right and between relations, namely registration and registration system of confrontation and formalism and the principle of autonomy of the real right alteration mode theory, also according to their characteristics, analyzes the reasons they cannot coexist.In the third part, it explains the registration confrontation system to the damage caused by "property law" rigor, analyzes its contradiction with the binary system of debt, the destruction of the principle of public summons and public trust and goodwill obtaining and the system conflict.Confusion in the fourth part from a land contract and management rights protection is weak in the case and the trial of motor vehicle real changes in the protection of the law applicable to the case as the breakthrough point, the analysis of the system of registration antagonism brought into China’s practice of the problems and contradictions.The last part of the article, combined with the analysis of the problem, for the future "Civil Code" for the change of real right legislation mode part puts forward specific suggestions. The suggestion in the future to the establishment of a uniform civil code should establish unified pattern of alteration of real right, to China after eighteen advocated the establishment country under the rule of law required a system coordination and stability design of the legal system to adapt to.