The Construction Of The Usufructuary Rights System In Our Country

The system of usufruct in our country plays an important role in regulating the use of property,especially under the background of public ownership,which greatly alleviates the relationship between land ownership and land use.The category of usufruct in our country is mainly confined to real estate usufruct,and the status of chattel usufruct is also in a very strange position.Is this kind of regulation of usufruct reasonable? Is there any other usufruct? If there is,how should we construct the system of real right in our country? In the theoretical environment where traditional real-right theory occupies an active position,few people answer these questions directly.This article tries to start from the problems existing in the current laws and social practice,the conclusion that China should construct a new system of usufruct,which is different from the traditional usufructuary right,is concluded in the course of answering the above questions.This paper attempts to construct the system of usufruct of right from a new angle,thus providing some enlightening thoughts for solving the problems in practice and perfecting the theory of real right in our country.In addition to the introduction,the author demonstrates the construction of usufruct right system from four chapters.The first chapter is to explore the problems in social practice and legislation in our country,which provides a realistic necessity for the construction of usufruct right system in China,which is also the greatest practical significance of this paper.The second chapter,on the basis of the first chapter,chooses the way to solve the problem-usufruct right system.In this chapter,firstly,the author discusses the basic concepts and characteristics of usufruct right system,which provides the basis for the later chapters.Secondly,the author summarizes and comments on the thinking of Chinese scholars on the path of solving practical problems,which proves that the traditional path can not meet the needs of reality.Finally,the author explains the reasons for solving the problem in terms of theory and system value.The third chapter is the investigation and study of the system in the foreign countries.Through the comparative study of the extraterritorial similar system or characteristic provisions,it provides the beneficial legislative experience for this article to construct the system of usufruct right.This part mainly discusses the relevant systems of Roman law,German law and French law,and then gets three enlightenments:(1)it is necessary to expand the scope of the object of real right in our country;(2)the construction of the system ofusufruct of right is the inherent requirement of the institutional value of usufruct,;(3)the construction of usufruct right in our country should pay attention to the unity of history,logic and reality.The last chapter of this paper is about the legislation of usufruct right system in our country,which is from the object,the rights and obligations of the right,the establishment of legal relations,change,elimination and the publicity of the right four aspects of thinking.This makes the system of usufruct of right have practical maneuverability,which is the ultimate purpose of this paper.