The Study On The System Of Public Easement

In the wake of the trend of private law mingling with public law in modern times and the expanding of government power,hence the institution called public easement comes forth from the originally closed system of traditional easement.Due to its unique characteristic of the purpose of public interests and the structure of right,the public easement is distinctively different from the traditional easement system.In the meanwhile,with the purpose of protecting of the right of private property,public easement differs definitely from adjacent relation and inverse condemnation.From the aspect of its intrinsic value,3 kind of value could be pursued including the purpose of public interest,protection of the right of property and the balance with rights.The starting line and the end of exercising public easement point to the public interest.However,the subject of the public easement is the right of property,so during the exerting of the right,the exercising of state power must be restricted in order to preserve the duration status of the private right of property.Besides,the progress of exerting is not a battle between state and private owner,instead,the fulfillment of public interest based on a balance between the public interest and private interest will be obtained,with the final purpose of reaching the overall increase of welfare within a certain society.This thesis involves the following three parts to make an introduction of the system of public easement and puts forward some suggestions to the transplanting of this system in China.This thesis consists of 4 parts in order to elaborate on the system of public easement.Firstly,through the explanation of the basic concept,main characteristic the theoretical basis,the fundamental frame of the system is built up.Meanwhile,the contrast between public easement with the adjacent relation and the traditional easement,especially with inverse condemnation,is made to clarify the unique traits of the system.Secondly,by depicting the provisions of public easement in countries of the civil law system and in common law system,to make clearly the legal provisions of each country and what can be summarized to contribute to the transplanting of this system to China.Thirdly,based on its unique trait,the establishment,publication and the cessation of the public easement is introduced and analyzed.Finally,represents the legal frame of public easement of China in future,construction concerning with the rules and methods towards deciding compensation is also included in this section.