The Judicial Way Of Modernization Of Usufruct In The Early Republic Of Chin

The Usufruct was created because of the separation of Ownership and Uses.Although Chinese inherent law didn't have the relevant concepts of the usufructuary system like common law-series counties,there are types of rights that have similar functions to Usufruct,such as perpetual land lease,dian and pu di,which played important roles in ancient China.Even in modern times and the contemporary age,these rules still have advanced nature.In the early twentieth century,compared with the civil law system,the defects of Chinese Usufruct system have begun to be exposed.And the existing statutes is not enough as well.Therefore,the civil law and usufructuary rights system of our country have begun to be modernized.The beginning of the modernization of Usufruct of China began in the late Qing Dynasty.At that time,the government has attempted to reform the Usufruct system by codification,but it failed.In the period of the Beiyang Government,our country fell into division again,which made it impossible to complete the drafting of the new civil law.Dali Court,as the nation's highest judicial organ,created civil precedents and its context,which not only solved the shortage of civil statutory laws and realized the integration of Chinese and Western legal cultures,but also has established a judicial approach to the modernization of Usufruct with Chinese characteristics.Dali Yuan has played an extremely important role in the progress of the modernization of Chinese Usufruct.It not only maintained the stability of our civil law system,which laid a solid foundation for the subsequent formulation of the Draft Civil Law of Republic of China and Civil Code of Republic of China,but also provided an important reference for legality transformation.In this article,I attempt to analyze the role of Dali Yuan in the the modernization of Usufruct,and summarize the experience or shortage of the judicial path by using the contexts created by Dali Yuan.