Study On Disposition Of Usufructuary Right

Traditionally, in Chinese theoretical system, it has been commonlyaccepted that the usufructuary right is based on the occupancy, usage andbenefit of other people's belongings, which is due to the separation of thepower of ownership. The usufructuary right is considered as a real rightwith some restrictions, which possesses no disposal right. In the sameway, the legislative of our country also leans to the limitation andprohibition to the disposal right of usufructuary.However, the usufructuary right plays an increasingly significantrole in the economic life along with time goes. Therefore, the situation isdeserved to be changed. In the legislative system of most countries in theworld, usufructuaryor are imparted the disposal right, according to thenature of the usufructuary right and the country's real situation.The author in this paper suggests that the disposal system for theusufructuary right should be established, with the aim to grant theusufructuaryor the disposal right. It means that the usufructuaryor shouldbe permitted to transfer and pledge the right of lands operation and theright of construction and housing land use and to enactment other burdens.It is known that many vital resources are state-owned, such as lands, andthey can not be transferred freely. But it seems like a paradox that resources should be transferred between different subjects to acceleratethe construction of socialism market economy due to the resourcerareness and the inherence of pursuit to Pareto Optimum.The paper mainly uses the research methodologies of history,comparison, induction and deduction. In the foreword, the author pointsout that blanks exist in the legislation of disposal system of theusufructuary right and suggests that the disposal system should beestablished in both theory and legislation. Subsequently, in the first partof this paper, the meaning of disposal right of usufructuary is analyzedand the actuality and the trend of development of the disposal ofusufructuary right is introduced. In the second part, the justice of disposalis discussed in four aspects, namely, the equality to ownership, theindependence of ownership, the property right of right and wrongspecificity and the inherent requirement of real right. Finally, theinsufficiency existing in the legislation system of usufructuary rightdisposal is analyzed and the preliminary conception about establishing ofthe disposal system of usufructuary right in China is also suggested.