Real Right Change Legislative Model Research

China initially comes from the Japanese and come into contact with the concept of "the real right behavior" in Germany.Caused by change of real right in law in the legal fact behavior in order to,so the real right change mode of investigation focuses on the changes according to the juristic act of real right.Through analyzing the constitutive requirements of the real right change mode,regardless of the real right change mode is the subjective factor on purpose,objective factors,the existence of the specific content and artificial elements-right publication of the three.The perspective of comparative law,the mainland legal system country?region? mainly exist the following three different modes: the real right formalism represented by Germany's extremely complex mode,Austria and other countries as the typical pattern of creditor's rights formalism of the doctrine of the mean and the meaning of creditor's rights represented by the French socialist pattern of minimalism.From the perspective of history,legal reform in the late Qing dynasty to learn German in order to establish the real right formalism of the real right change mode,but dig deeper into the "Qing law draft" found that the real right formalism of real right change mode and cannot be established.Our country legislation by the natural evolution of real right in Taiwan area,in the late Qing dynasty legal system reform to build upon the path of the real right formalism,on the path of the real right formalism.The existence of the real right behavior is premise of different real right change legislation mode to compare,but pester the real right behavior exist or not for the fact that there is false,really need to explore is a value judgment problems of the real right behavior." The real right behavior theory" criticism since its establishment,the criticism of the argument is not completely established.At the same time,from the comparison of real right and creditor's rights and the effect of the public,the public against the comparison of real right meaning doctrine of real right change mode has the incomparable superiority.After the founding of new China,lawmakers on the real right legislation intended to establish a claim form is given priority to,meaning of creditor's rights real right change mode,but the real meaning of socialism in China "to have a remarkable",this refers to and reality of laws ought to be misplaced.Some scholars for real right meaning doctrine biased,but the mechanism of the real right behavior theory on "formalism" and "distinguish principle" and "non-causative nature" three principles will still be able to run normally.The rationality of the real meaning of socialism can be illustrated from both theoretical and empirical aspects.Due to the attenuation of the movables delivery,publication of the movables delivery function to highlight,set against the publication of the public in the chattel principles shall be considered feasible;In "acquaintance society" legislative advantage can't highlight of today's society,adopt the public against the right to the contracted management of land and easement is against publication can still work,is against the publication can be extended to the whole world of usufructuary right.In the field of real estate,vehicles,ships,aircraft and other high chattel under counter publication in operation,all requirements of the public the real effect of legislative model is slightly tough.In the field of the real rights for security,because ownership and usufructuary right as the foundation of real right of the public antagonism,publication of the real rights for security against can better protect the interests of the secured creditors.