On The Establishment Of The System Of The Usufruct Of Movable Property In Our Country

Usufructuary right refers to the right of non-property owners to use other people's property,which is also called real right system together with ownership and security real right.The formulation and implementation of usufructuary right system has completely broken the traditional property right system,which only takes ownership as the center.Taking the use of property as the core,it is of great significance to standardize and coordinate the rights and obligations between the owner of property and the owner of usufructuary right,and to make full use of the value of the use of property.With the rapid development of modern society and economy,the separation of the right to use,the right to benefit and the ownership of property is increasing.Although China's Property Law of the People's Republic of China(hereinafter referred to as China's Property Law)has also made a specific system construction for the usufructuary right of real estate,it only defines the usufructuary right of movable property in principle,and does not stipulate any types,characteristics and other specific institutional framework of usufructuary right of movable property,which results in the usufruct of movable property in society.There are many disputes.Lack of legislation on the specific system of usufructuary right of movable property directly leads to the confusion in the application of law,that is,whether the object of usufructuary right includes movable property,if so,how to apply the system,and so on,which leads to such disputes can not be unified and determined because of lack of specific legal basis.Therefore,the specific system of usufructuary right of movable property in China needs to be established.Legislation should be based on theoretical research.There are few studies on usufructuary right of movable property in Chinese academic circles.Based on the current situation and trend of China's social and economic development,this paper makes a brief analysis of usufructuary right of movable property.The specific research contents are as follows:In the preface,the current situation of the subject research at home and abroad is analyzed,and the significance and value of the research on usufructuary right of movable property are obtained.Chapter I An overview of usufructuary right of movable property.Firstly,the basic meaning of usufructuary right of chattel is analyzed.The usufructuary right of chattel possesses the basic characteristics of real right,the object of which must be chattel,and the three characteristics of possession,use and income.Then it analyses the current experts and scholars' doubts about the usufructuary right of movable property,and gives the contents of two parts: the necessary and feasible doubts,which lays a foundation for the follow-up study of the usufructuary right of movable property.Chapter ? analyses the necessity of the establishment of usufructuary right of movable property.points out that the establishment of usufructuary right of movable property is the requirement of perfecting the system of property protection,the requirement of perfecting the system of publicity of the change of real right,the requirement of annotation and evolution of the legal principle of real right,and demonstrates the necessity of the establishment of usufructuary right of movable property.Chapter ? analyses the feasibility of establishing the system of usufruct of movable property.Through the experience analysis of usufruct of movable property abroad and the evolution history of usufruct of movable property in China,the feasibility of establishing the system of usufruct of movable property in China is analyzed.On the one hand,the usufruct system of movable property abroad provides a reference basis for the construction of the usufruct system in China.On the other hand,the discussion and debate in domestic academic circles have formed a basic conclusion on the usufruct of movable property,which provides theoretical support for the construction of the usufruct system of movable property in China.Chapter IV Construction of the specific system of usufructuary right of movable property.It is proposed that the system of usufruct of movable property in China should adopt the idea of dualistic structure of property rights and follow the rules of social and economic development.At the same time,it gives the mode and specific system of the establishment of the chattel usufruct system in China,such as publicity system,circulation system and bona fide acquisition system.