The Right Based On Custom To "statutory Property Rights.

From tradition to modern times,land rights have always been the core of property rights.Traditional land rights,such as land property preferential trading rights,land division rights,and land property definition rights,cannot be separated from the local customs of bloodlines such as relatives and geopolies.The traditional customs are deeply rooted and remain in the tradition and modern times.During the period of the Republic of China,by the influence of the western legal model,legislators insisted on the legal principles of "legal property" and"one thing and one right".Legal experts committed to the transformation of the above three traditional rights,and the transformation way is to completely deny the natural effect of habits.The legal system of land and property formulated by them is high in the air,which has not produced a good effect in practice.In the land and property transactions of the Republic of China,due to the intervention of national legislation and judicial factors,the author has not really found the so-called "free trade"and "market economy" in the Western sense by modern economists.In modern social practice,there are still heavy traditional trading habits.In the intertwined conflict between habits and national laws,the legal expression of property rights deviates from the actual state of land rights.it is closely related to the personal quality of legal experts at the subjective level,the legislative and judicial value orientation,the penetration of political factors,as well as the objective and complex social reality,the confusion of legislative bodies,and the lack of legislative technology.