On The Change Of Property Rights Caused By The Legal Documents Of The People's Court

The Property Law of the People's Republic of China(hereinafter referred to as the Property Law)is the authoritative legislation in the field of civil real right in China and the authoritative expression of the minimum value of real right in today's Chinese society.Among them,from Article 28 to Article 31 of the Property Law,other provisions of the property law establish the real right alteration system that is not based on legal ACTS in China.According to the current legal system of China,this paper sorts out the real right changes caused by the legal documents of the people's court,so as to clarify the scope and types of the legal documents of the people's court that directly lead to the real right changes,and demonstrate and analyze its legal principles,effectiveness and contents.In order to solve the problem of real right alteration caused by the legal documents of the people's court in practice,this paper adopts the method of jurisprudence to demonstrate and analyze,and puts forward the opinions and Suggestions.Since the property law and interpretations of the Supreme Court [2016] promulgated since 5,many scholars and people in the legal practice,from the real right public summons,judicial authority,legislation,policy,cause a change in the real right in the view of social facts,and other legal documents to explain,but the look from the perspective of legal theory,is only the legal interpretation,legal method is not essentially touch the heart of the problem.Only by starting from the legal principle Angle that the legal documents of the people's court lead to the change of real right,and analyzing on the basis of the legislative purpose of the current Property law,can it be clear that the principle that leads to the change of real right lies in the mandatory provisions of the law,rather than the characteristics of the parties' autonomy of will.Concluded and the legal action based on it can cause a change in the real right of the theoretical basis is that of an effective legal document of the people's court of the property law stipulates clearly,changed the original real right legal relationship,with the formation of the force and the law of coercive power,namely social the authority of the minimum value of the real right change.Under the theory that the legal documents of the people's court cause the alteration of real right,not all the legal documents of the people's court change the original legal relationship of real right.According to the theory of the real right Law concerning the change of the legal relationship of real right,under the theory of the change of real right not based on the legal act,the prerequisite for the change of real right is the existence of real right,the second is the cause of the change of real right,and the last is the effect of the change of real right.Then what kind of legal documents of people's court can lead to the change of real right and why is the focus of this paper.The production of legal documents of the people's court is caused by a dispute between two parties involved in litigation.The people's court shall,according to the trial situation of the case,examine the relevant evidence materials and pleadings,adjudicate in the middle according to the provisions of the law,and express the conclusion in the form of relevant legal documents.When the legal document of the people's court has legal effect and changes the original legal relationship of real right,that is,when it refers to real right,the real right will have the effect of establishment,alteration or elimination.According to the provisions of Article 28 of the Property Law,the legal documents of the people's court that have taken effect can cause the effect of change.Based on the current legal provisions,the author believes that China's existing legal documents of the people's court can lead to the real right alteration: 1.Civil judgment on division of joint property;2.Cancel the civil judgment of the contract;3.Civil judgment of the obligee's cancellation of the obligor's act of damages;4.A civil judgment declaring the easement extinct;5.Cancel the civil judgment of the resolution on the alteration of real right made by the collective economic organization or its responsible person;6.Cancel the civil judgment on the resolution on the alteration of real right made by the villagers Committee or its responsible person;7.Civil judgment of ownerless property in non-litigation;8.Written civil execution order for auction completion;9.Written execution of civil order on sale;10.Enforce the civil execution order in lieu of debt;11.Mandatory deduction of civil execution order;12.Compulsory delivery of the civil execution order;13.Cancel the written civil award of the arbitration award.