Reflections On Judging The Principle Of Discrimination In Property Law

From the interpretation of the "Property Law,legislation,it can be seen that although Article 9 and Article 23 of the "Property Law"stipulate that registration and delivery are the effective elements of real estate and movable property respectively,it can be seen in combination with other legal provisions of the "Property Law".Article 9 and Article 23 of the Property Law cannot be applied independently,and it must be combined with a creditor's contract.Article 15 of the Property Law stipulates that a contract in which the real property rights are changed shall not be affected by the result of the real estate rights change.This seems to be a provision of the principle of distinction,but it is in essence different from the principle of distinction in Germany.It does not provide Whether the change of real right is an independent legal act merely stipulates that the real estate rights change contract is not affected by the result of the change of real right.From this article,we can see that,in accordance with Articles 9 and 23 of the Real Right Law,It is concluded that the principle of distinction as stipulated in Article 15 of the "Property Law,is an incomplete distinction principle.It does not divide the burdening and punishment,but merely stipulates the reasons for the change of real right of real estate and the result of the change of real estate rights.distinguish.However,in our country's large number of judicial interpretations and judicial cases in the application and interpretation of the principle of distinction,from the initial distinction of the fact that it is only a legal fact,to the gradual emergence of the concept of burden and punishment behavior,and then finally in the referee directly The instrument recognizes the division of burdens and dispositions.This judicial application and the differences in legislation,the recognition of burdens and dispositions,make us have to rethink the principle of distinction in the current mode of publicity and effective change of real rights.Since it recognizes the division of burden and punishment,it is based on the right to human rights and the right to the world.Its effectiveness is also independent and does not affect each other.This means that in the change of real rights,the change of property rights A kind of punishment behavior,which is similar to creditor's rights,has its own requirements for setting up and effective elements.The current pattern of registration of the registration or the delivery of creditor's rights,which is a manifestation of the effective mode of change of real rights,does not deny the right to property.The debt formalism.As for the non-causality of real right behavior,its independence is not one.Recognizing the independence of property rights does not necessarily have to recognize the non-causality of the real right behavior.Similarly,there is no reason for the property right behavior.To deny it,we cannot also deny its independence.Judicial recognition of property rights shows that it is conducive to solving practical problems in life.Therefore,the independence of property rights can be recognized in legislation.However,whether or not to recognize the non-discretion of property rights is a matter of legislative policy.,is a question of legislative choice.