Research On The Transplantation And System Construction Of Public Easement In The Reform Of Block System

The government put forward the block system policy with the purpose of solving the urban traffic jams and The division of classes in the society,the policy fits in with the modem concepts of urban development.It is easy for new residential comnunity to implement block system policy,but it is difficult for the gated comnunity.The implementation of block system makes the facilities such as roads,green spaces,etc in the gated comrunity can be used by the public,which is contradict with the article seventy-third of the Property law.At the same times,the reform of block system involves a lot of residential property owners9 rights.Conducting the block system policy must search for proper legal basis,and which must pay attention to the correct legal procedure and obey the law strictly.So it is urgent to explore the legal approaches of the reform of block system in the residential district.This paper is divided into five parts:The first part is the legal difficulties of the reform of block system in the residential district.The block system policy is made to protect public interest,but the policy may bring many inconveniences to the residential property owners,there is a conflict between the private interests and public interest;The block system policy contradict with the relevant provisions of the Property law and the Temporary regulation for real estate registration.In order to put this policy into practice,we must solve these legal difficulties properly,and we must explore the legal approaches of the reform of bloek system in the residential district.The second part is the legal approaches for the reform of block system which can be provided by present law in our country.The possible legal approaches include the easements,adjacent relation and expropriation,these three approaches with varying degrees of defects,these approaches can not solve difficulties in the reform of block system properly,we must explore other legal approaches for the reform of block system.The third part is the investigation and reference of the public Easement in comparative law.After learning from the public easement system in Russian law,French Law and American law,I found that the public easement apply in the refor:m of block system provides a better approach to achieve the purpose,this approach will protect private rights more successfully,restrict the excessive use of public right more strictly and achieve public interest more easily.Though learning from foreign laws and combining with actual conditions,1 propose that the institution of public Easement must pay attention to the freedom of contract,the fairmess of compensation and the application of public Easement,in order to prevent power abuse.The fourth part is the legitimacy of the institution of public easement in the block system refonn.This part focuses on the legal basis of the block system reform,the feasibility of the institution of public easement and the value advantages of public Easement,though sufficient analysis which provides cogent reasons for the institution of public Easement in the block system reform.The fifth part is the construction of the public easement system in the block system reform.Firstly,The establishment of public easement should abide by the principle of administration law,rational limitation and prohibition of civil abuse.Secondly,in order to achieve the reform,I suggest the public easement should be arranged in the chapter of Easement in property law,it is a comprehensive legal provision,which concludes the conditions in establishment,the procedures and compensation principle etc.And the detailed rules of the public easement system in the block system reform should be arranged in the urban planning law and land management law.Lastly,I propose some suggestions for the specific system design,which concludes the establishment,the contract of public easement,the registration,the compensation,the termiNation,the legal remedy,etc.