Study On The Change Mode Of Real Right In The Network Era

The change of real right is the important content of the theory of real right.The mode of real right change is the structure and foundation of the whole real right.In practice,the mode of real right change directly decides the efficiency and safety of the real right transaction.Even to some extent,it affects the safety and order of the society.Therefore,it is of great theoretical and practical significance to study the change mode of real right.Value analysis method,comparative analysis method and literature research method have been used to discuss related problems.There are three kinds of traditional real right change modes: creditor's rights,the formalism of real right and the formalism of the creditor's rights.In our country,we adopt the dual mode,namely,the principle of creditor's rights and formalism as an exception However with the continuous development of the society,especially the continuous updating of network technology,new changes have taken place in the mode of real right change in the network era.From the meaning of the change of real right,analyze the meaning of the change mode of real right and expound the connotation of the traditional real right change mode and the connotation of the real right change mode in the network era.It analyzes the traditional real right change mode and major foreign traditional real right change mode,discusses the challenge to the concept of property and can no longer classify the real right by the traditional real right view.The network era puts forward the challenge to the basic principle of real right.The legal principle of real right in the background of traditional society will produce many new problems;The network era puts forward the challenge to the value concept of real right.The idea of autonomy should be the value concept of the real right.It puts forward the change mode of real right of the registered adopts creditor's rights formalism and the non-registered adopts expressionism in the network era.The change mode of real right needs to adapt to the change of social development,especially the real right change mode under the background of the industrial and agricultural society should accord with the real right change mode of openness,high efficiency and low cost in network era.How to make a transition from the traditional real right change mode to the new network era real right change mode needs further research.