A Research On The Expansion Of The Object Scope Of Easement In China

When the real right law of our country was enacted,there were disputes about the object of easement in the academic circles,and it was finally stipulated as "on the real estate of others" in the legislation,and in theory,it was mostly limited to the land.With the development of society and the progress of science and technology,the expansion of the object of easement has returned to the perspective of discussion.The Civil Code of the People's Republic of China(Draft)promulgated in 2019 changed the scope of "land for service" to "real estate".To some extent straighten out the legal norms in the logic of expression of the object of easement,the expansion of the object of easement in the legislation to be responded.As a result,As the object of easement the scope of real estate and related issues will once again trigger a theoretical reflection in response to legislative changes.In the system of usufructuary right,easement plays an important role in relaxing the rigidity of statutory principle of real right,overcoming the limitations of adjacent relations,improving the shortcomings of relevant laws and regulations,and giving full play to the use value of natural resources.With the development of society and the need of reality,the expansion of the object of easement is becoming more and more obvious.In the face of the plight of easement system "decline",the expansion of the object of easement has opened a door for it,which helps to make it better integrated into judicial practice.The discussion about the transition from the easement to the real property easement has been long-standing in the law field.The real property easement system based on the easement system echoes the expansion of the object of easement.As an independent usufructuary right,the object expansion of easement should be limited.In theory,it is proposed that the object of easement should also include rights and acts,but this paper holds a negative attitude and should be excluded from the scope of the object of easement.Bringing right into the object of easement violates the principle of numerus clausus,does not conform to the legal tradition and will cause the confusion of the real right system.The object of the adjacent relationship is the adjacent land and buildings,which partly coincides with the object of the easement.However,its institutional value is obviously different.The expansion of the object of easement not only pays attention to the interpretation of the connotation of the existing object-real estate,but also conforms to the needs of social development.It goes without saying that the scope of real estate,including land,is the object of easement.It is common to set easement on buildings,structures,trees and other fixtures in practice,so it is necessary to bring them into the object of easement.Today,with the development of science and technology,the sea area has become a single object in the system of things.The sea area after division fully meets the requirements of real estate,thus making it a real estate juxtaposed with land;Based on the scarcity of land,the value of space use is getting higher and higher,and the existence of space easement is becoming more and more important.Layered use of space as well as the characteristics of the independence of the construction land use rights from its shackles into the field of easement in the space can not be interpreted as real estate cases can be clear in the form of provisions.In the construction of public affairs,The space easement has been applied.With the continuous expansion of the object of easement,the concept of "real estate servitude" is constantly mentioned,and the voice of "returning to real estate servitude" is rising day by day.As far as the legislation of easement in our country is concerned,We Should conform to the development direction of the real property servitude system in the legislative idea,but in the legislative way,we should go step by step,and consider renaming it under the condition that the relevant supporting systems of the real property servitude have been perfected.It may be more in line with the actual situation of the development of China's easement system.