The Research On The Public Easements

With the process of urbanization and the rapid development of public infrastructure,it will cause many problems to the owner or holder of real property from the surge of communal facilities,such as convenience,safety,the availability of environment,and the distribution of rights and obligations between adjacent property rights.However,the problem which is based on public interest considerations,but beyond the traditional system of easement and adjacent relations adjustment category,is just reflected by the content of public easements.At present,there are two kinds of legal system to handle such problems in China.One is the easement system of the property law,with the advantage of protecting the private property rights,but it is difficult to meet the purpose of the private real estate,the other one is administrative levy and expropriation mode,which benefits the realization of public interest,but harms the interests of the holder of the real estate.Therefore,there are inevitable defects exist in both two ways.In view of this,it is suggested that the property law in our country should pull-in the public easement system and clarify the relationship between government and private in public land rights,obligations,and to solve the disputes of the public interests of land for public and private property rights at the system level.Specifically,the establishment of public easement system has three advantages.First of all,it can improve the system of the easement system,under the distinctive standard of'the basis of foundation',to set the public easement system(based on the implementation of public interest)and traditional easement system(implementation)under the easement system parallelly and make up for the deficiency of the traditional system of easement and adjacent relations.Secondly,it can realize the public interest to the greatest extent under the premise of protecting the private interests.This system adopts the model of the integration of public and private law,which helps to protect the private interests and coordinate the contradiction between the public interest and the private interest.Last but not least,it can reduce the judicial cost and improve the utilization efficiency of the resources.In conclusion,this paper discusses the basic tenet of the public easements,the realistic dilemma and the system demand that the system is facing,and the relevant legal system outside the domain,clarifies the theoretical basis of the system,and finally puts forward some suggestions on the establishment of the relevant system in China.