Study On Legal Easement System

With the deepening development of modern society,people's exploitation and utilization of resources have gradually changed to intensive conservation.The property law,which regulates the ownership and use of resources,has to be investigated.Easement system as an important part of the property law,its considerable extent on the implementation of the full play to utility.However,as the complexity of social relations,the provisions in the law on the current content of the function of the easement system did not play the incisively and vividly,investigate its reason,is the lack of the legal system of easement.The thesis will discuss this problem.First of all,at the beginning of the paper,it is pointed out that the addition of legal easement originates from the formulation of the real right of civil code.Then it discusses the dispute about the establishment of the legal easement system in the academic circle and draws the conclusion that the legal easement system should be established.Based on the conclusion that the legal easement system should be established,Legal easement system should be incorporated into public law provisions or private law,is another issue of legal easement system set up,the paper lists the existing in the designing of statutory easement legislation design of public law,for this will be the legal easement legislation of public law thesis carried on the thorough careful analysis,and that it has many disadvantages,not reliable.Therefore,the legal easement system should be established,and it should be included in the private law.Then,Based on the understanding of practical decision that paper on the basis of the theory of sociology has carried on the investigation to the legal system of easement,think that the legal system of easement into laws has strong practical demand,large infrastructure projects such as west-east gas land for the construction of a strong appeal;In the same way,legal norms are born to adjust legal relations,and the legal system is formed in social relations.Only when there are certain types of social relations,it is necessary to create corresponding legal norms.Therefore,the paper introduces the realistic motive of the establishment of legal easement system in detail.Legislation should pay attention to both practicality and scientificity,and it is necessary to save legislative resources.Specific social relations for the adjustment of the appropriate legal norms is the legal system of easement is no obstacles,it isnecessary to set up a theory to solve this problem,thesis generalizes the legal system of the potential similar,and with the legal system of easement in adjusting range,the respect such as the rights and obligations of the comparison,it is concluded that the legal system of the establishment of easement system has a strong demand.Then,on the basis of the necessity of establishing the legal easement system,the paper turns its attention to the field of comparative law.Mainly refer to the foreign advanced legislation,or other areas about the regulation of the legal system of easement,deeply analyzes the extraterritorial legislation of the legal system of easement legislation pattern choice and the rights and obligations stipulated by the Settings,and so on,so as to the legal system of easement in our country,the creation of the search path for reference.The last,Paper based on the above analysis and combined with practice in our country legal easement system have been prepared in accordance with the real right of the civil code of timing choice,at the same time it is rough concrete building of the legal system of easement in China is put forward their own views,think that should be included in the legal system of easement easement chapter,on the basis of integrating current easement system,probes into the legal conditions,the effect of the establishment of easement system condition and content of the rights and obligations.