Research On The Construction Of Legal Easement System In China

The easement system originated from the real estate of Roman law.In the Roman law,the concept of correspondence with the real estate is the ease of service,the upper concept is the system of tenure.After the continuous development and innovation,service easement system to the contemporary to develop a statutory easement.The purpose of the statutory easement is to achieve the realization of the public interest,the main function is to balance the public interest and the conflict between private rights.However,under the existing legal model,the conflict between the public interest and the private right mainly depends on the protection of the administrative power,but in the continuous trend of the private right of citizens,the traditional To the administrative power to protect the public interest to achieve the model is more and more challenges,therefore,need to develop a new way to solve public and private conflicts of interest.In the face of a large number of real life in the name of the public interest in the name of the damage to the rights of private real estate events,administrative power intervention seems powerless.Based on the basic theoretical framework of the easement system,this paper discusses the difference between the concept and characteristics of the legal easement,the difference from the traditional easement,the relationship with the neighboring relationship,and then through the legal system of the system This paper analyzes the legal function of the legal easement system,discusses the important significance of the legal easement system in our country,and analyzes the necessity and feasibility of the establishment of the legal easement in our country.The legal basis of the legal easement in China,and further demonstrates the existence of the legislative space of the establishment of the legal easement in China,the gradual analysis of the legal easement in China's legislative model,the establishment of conditions and methods,the legal easement of the legal relationship,Changes and relief,and finally put forward our country should establish a legal easement system of the theoretical concept.