Study On The Relaxation Of The Legal Principle Of Real Right

With the fast development of market economy, the real right types emerge in endlessly in nowadays, and many of them have exceeded the scope of “Property Law of People’s Republic of China” issued in 2007 and “The Supreme People’s Court on Some Issues of Legal Provisions Shall Be Applicable to the Folk Lending Cases” in 2015. With the purpose of adapting to the metabolic and changeable objective reality, protecting clients’ legal interest better and promoting social equity and justice, judicial workers are needed to research and explore how to carry out moderate property right moderation and overcome the rigidity of numerus clausus principle on the basis of adhering to property statutory principle. Based on such consideration, this paper presents Chinese real right system of ease and preliminarily discusses related issues about property right moderation through imitating overseas experience. This paper is divided into four parts:The first part discusses the concept and basic contents of property statutory principle and analyzes the limitations of it as well as quotes some overseas and domestic scholars’ comments on property statutory principle.The second part mainly states some methods to mitigate property statutory principle. This part respectively analyzes the methods to legislation, judicial interpretation and legal precedent along with the advantages and disadvantages of typical new real right type through comparing the real right system of ease in Germany, France, Japan, etc.The third part primarily explores the real right type’s relaxation and analyzes systems such as right of habitation and retention of ownership. It should be admitted that this kind of new real right type can break through the limitation of property statutory principle according to some examples.The fourth part studies the relaxation of the real right type, the meaning and methods of public property, and deeply analyzes the relationship between numerus clausus principle and publicity system.In the end, this paper tentatively puts forward shallow legislative perfection suggestion to assuage property statutory principle based on previous researches.