Research On Real Right

At present, there are not many domestic monographs about the real right of real right, most of which are involved in the judicial practice. It is of great significance for the solution of the real right of the legal protection of the real right of our country. However, due to the fact that the property does not have the registration form, the people's court in the trial involved in the case of the fact that the burden of proof allocation of the burden of proof and the ability to review the contents of the substantive review and other theoretical and practical problems. This article will mainly discuss the present situation of the domestic and foreign research of the rea l right and the problems in the present situation, and put forward some suggestions for the solution of the problem.This paper is divided into five parts:The first part: the basic concept of the real right. A brief introduction to the concept, features a nd classification of real right. C larify the difference between the real right and the legal real right and the form of its existence in real life.The second part: the status quo of the domestic and international legislation of the real right. The concept of real right of our country's property law(not yet specified) and foreign real right law in the study of the concept of real right, compared with domestic and international legislation and our country on the reference of foreign legislation.The third part is about the problems and shortcomings of the theory of real right in the present stage. The problem and shortage of the theory of real right are discussed from four aspects: the legislation of real right, the difficulty of the burden of proof, the difficulty of substantive examination, and the difficulty of obtaining the right remedy.The fourth part: the suggestion to solve the problem. From the legislative, judicial, law enforcement three perspectives on the problem of the existence of the real right theory to solve the problem.