The Legislative Outline On The Right Of Use About The Rural Property In Land Major Civil Law And Commercial Law

The fact that the rural property in land is being occupied disorderly and damaged easily makes it necessary to have the benefit of the rural property in land materializes,especially while the law-making is just under way. By applying the methods of sociology and philosophy,the thesis wakes a comprehensive analysis,test and research into every legislative problems in land (RURPL),including the necessity,the guiding ideology,the selection of value and so on. Based on the discussion,the author puts forward the legislation by hypothesis of RURPL. As such,this thesis falls into four chapters.Chapter 1 analyzes the legislative necessity of RURPL. The present writer firstly gives the definition of the conception of RURPL;them,points out the law defect;furthermore,emphasizes the significance of materializing RURPL.Chapter 2 introduces the guiding ideology of law making. The legislation should be based on the market economy and directed by the developing tendency of the property. Moreover,the author points out that we must properly deal with the relation between the property Law and the special regulations while we make the legislation show its property of intrinsic law.Chapter 3 deals with the selection of value while we make the property law. Beginning with the values of Justice and efficiency,the article constructs an overall frame of RURPL,based on which the equity between the justice and the efficiency is realized.The last chapter presents a design of the legislation. From the perspective of the regulation of obtain,content and termination,the author discusses the legislative system and puts forward a trial draft of RURPL.