A Study On The Legal Problems Of Property In China

To solve this problem is jus rerem protection on the ownership of the static object, pay attention to the absolute property rights ownership, system design to property ownership as the logical foundation, the setting and content of the property right are attributed to legal, ignoring the protection of possession of the property; in the law of obligation category too much emphasis on transaction security, excessive demands on the abstraction of the legal norms to restore the social life in the specific contract things, too much emphasis on the formalism of real right and the creditor’s rights distinction, too much emphasis on the debt relativity principle from. As well as in the practice of the new property rights protection of conflict, and not really play a dispute, the legal value of the effectiveness of the object.The first part of this article defines the concept of property and property rights through the overview of property rights, and analyzes the exclusive right of property rights, the right to transfer, the right to use, and the classification of the object of property rights.In the second part of the paper by Anglo American Law on the legal property system and the concept of comparative analysis, of Anglo American Property Law on property rights definition, introduces some basic concepts of tangible property and intangible property, of Anglo American Property Law on property rights to obtain and protect basic system were compared and analyzed.Legal problems existing in the system and the concept of the third part of this paper to explore China’s property law, stiffness of the Numerus Clausus Principle limits the scope of protection of property rights and the transition emphasized the ownership and neglect the protection of property rights to use and exchange value. Traditional debt law protecting the right of property was too formalistic and absolute real right and creditor’s right of the binary distinction no practical value, emphasizing the debt relativity result weakens the protection of creditor’s rights.In the fourth part of our current legal system and the system of property related concept put forward some thinking, property rights and content balance the legal principle of property caused by the limitation of property rights, respect for freedom. To solve the current property law focuses on the protection of static attribution of substance and lack of protection of property circulation, pay attention to the ownership of the property and property rights protection of neglect and exchange value. The creditor’s rights ownership concept, the creditor’s rights from the basic relationship between debt and abstraction, and improves the circulation of creditor’s rights. The property rights structure from abstract into concrete and abstract specific contractual rights to property rights, enhance the value of circulation.