On The Perfection Of China's Easement Legislation

Easements arise from ancient Roman law.The purpose of establishing an easement is to maximize the realization of the right holder' s real estate benefits,increase the utilization rate of real estate,and achieve a reasonable allocation of social resources.In 2007,the "Property Law" promulgated by China established special chapters for the first time that the easement rights were used as a kind of usufructuary rights for more systematic legislation.It is undeniable that with the establishment of the easement rights in our country ' s legislation,not only does it make up for the inadequacies of adjacent rights in the process of reconciling rights holders in the use of real estate,and at the same time,it also provides a basis for the establishment of easement in our country and for the compensation of the servants.However,since the legislation of easement in our country is too abstract and general,the provisions of the current legislation on easement still exist that the scope of the subject matter of the right of easement is too narrow,the rules for the scope of the right holder are not yet clear,and the right to eliminate the cause is not specific,and there are also many shortcomings such as the lack of rationality in the registration and acquisition of easements,the incompleteness of easement relief,the"abstract type" of easements,and the existence of legislative blanks for the establishment of special easements.In order to maximally realize the social functions of easement,meet the needs of our country's social development,and bring our country's easement legislation into line with international relevant legislation,we urgently need to improve the legislation of China's easement.And we can proceed from both macroscopic and microscopic aspects.On the macro level,a legislative model combining generalism and specific classification can be used to construct the easement legislative framework,and the easement legislation can be divided into general rules and special easements rules.Microscopically,in terms of the general rules of easement,on the one hand,the object scope of the easement rights should be expanded and the real estate attached to the land should be included in the scope of the easement adjustment.At the same time,it should clearly define the subject matter of the right holder of the easement,how to properly register the easement and how to obtain it,and the specific reasons for the termination of the easement right.On the other hand,in order to facilitate the management of easement,the easement can be established on the' basis of whether the purpose of the establishment is public inter'est or private interest.The ion of easements can be classified into public interest easement and private interest easement.In terms of special easement rules,the establishment of public easements,environmental protection easements,own easements,and competition prohibition of easements.They ean provide targeted solutions to the more prominent problems in the Chinese society,such as the impediments to the realization of public interests and the increasingly serious problems in the social environment.