On The Alleviation Of The Numerus Clauses Principle

The numerus clauses principle is one of the most seriously criticized principle since the20th century, which is also the basic principle of Property Law. For the correction of defects of the numerus clauses principle, there are different views. The academic circles all promoted the reformation of the principle in Japan and China’s Taiwan region. What’s mere, the scholars in China’s mainland also advocated the reformation of the principle, and some scholars even advocated that we should give up this principle. Especially when the Property Law was enacted, the academic circles had a heated debate. But on March16,2007, the property law insisted on and adopted the strict principle. The practice makes the development direction of numerus clauses principle in China’s future more away. Therefore, combined with China’s relevant legal system, from the aspect of the entire system, the development direction becomes a necessary and realistic problem in China’s future. So the author no longer constrained by the general pure theoretical discussion, but hopes to combine the particularity of the system in our country, and wants to discuss the system level on deep analysis and research on this issue. And after the full discussion and argument, the author wants to put forward own opinions.The full text is divided into three parts, made up of introduction, text and conclusion.As to the introduction part, this part combines with the difficulty of the principle in the current judicial practice, puts forward some questions to be answered, and introduces the feasibility, research methods and innovation of the whole paper.The text part mainly includes the following contents:Chapter one, using comparion method, investigates the the existence and the development on the numerus clauses principle of other countries or regions, and analyzes the development difficulties of the numerus clauses principle, and based on this, advances that why we should develop the numerus clauses principle and where to develop the numerus clauses principle.Chapter two, on the basis of the above, from the level of theoretical and empirical level, analysises and demonstrates the necessity of the moderate development of our country, answering the why question; and on this basis, chooses the moderate development direction as the development direction of numerus clauses principle, answering the where question.Chapter three, on the basis of summarizing the above, discusses the basic train of thought on the moderate development of the numerus clauses principle at the theoretical level, and puts forward and demonstrates the specific methods on the empirical level, solving the problem that how should we develop the numerus clauses principle in our country.On the basis of the argument of the above-mentioned aspects, the conclusion is:we need to moderately develop the numerus clauses principle, so it can work better.