Research On The Object-Specific Judgments Of Ownership

The article 2 of real right law clearly stipulates that real right is a individually defined object of domination and enjoy exclusive rights, Therefore, the res of real right law should meet certain requirements. With the continuous expansion of the social development of the scope of civil law res, making the real right object is becoming more complex. How to determine the specific nature of these new res is a prerequisite for them to enter the real right law. Therefore, we need to research of real right object-specific judgments. Ownership at the core of the entire real right system, so the object-specific judgments of ownership has the typical sense. Through the object-specific judgments of ownership can cognitive real right object-specific judgments’value and significance.This paper is divided into three chapters, the main contents of each part are as follows:The first chapter is theoretical preparation for the object-specific judgments of ownership. By combing the Roman law, France, Germany, China’s real right law and civil law scholars to define the civil law res, in fact, found that the concept of civil law res is difficult to define because of the continuous expansion of the res scope. This is the main motivation to promote the current civil law res research. Expand the scope of civil law res affect the size of the real right law in the range of res, and indirect effects of the real right object-specific judgments. Real right object-specific judgments’ object is res. Therefore, this article discusses the relationship between civil law right and res to clear that res is the object of real right. The res of property law is part of civil law matter, but it’s not exactly the same thing in civil law. Res in the real right law is individually defined object. This will clear the real right object-specific judgments. On this basis, this paper study the general standard of real right object-specific judgments. Time and space is an important way of understanding the world and the human science. In the field of philosophy, Kant use time and space to explain the different sense objects of jurisprudence. He believes that possession of the object of ownership can be divided into virtual and reality. The standard is to distinguish whether the object can be used to measure by time and space. In the field of physics, Newton’s classical mechanics and Einstein’s theory of special relativity were found in the basis of their greatest time and space. From the nature of the real right itself, time and space are important reference standards. Therefore, this paper rely on time and space as general standards for real right object-specific judgments and as a basis for the object-specific judgments of ownership.The second chapter is detailed judgment of the ownership object. Firstly, The paper certainly recognize the concept of ownership in the traditional civil law theory is reasonable. Through the concept of ownership and empowerment can be seen, the ownership is the best embodies the nature and characteristics of real right, and the real right and ownership on objects are same range. Thus, the general standard of real right and ownership object-specific judgments is fully applicable. Through analyze the two problems that exist in the application, that the possibility of the establishment of the assemblage of ownership and continuous consumption of goods of object-specific judgments, the paper draw two basic principles in the application process for object-specific judgments’ general standard. But life is complicated, the general standard does not solve all of the ownership of the object of eligibility or not. This requires a specific analysis. Under the Interpretative Theory, title object-specific judgments first need to consider the special nature of the ownership of its own particularity and the ownership object. Ownership particularity reflected in the handling relations of ownership in civil law and ownership in constitution. Through the study of the state ownership of natural resources, the paper found that unlike western civil law countries, before national ownership of natural resources provisioned in our property law, it has been provisioned in the constitution. Therefore, state ownership of natural resources in real right law is based on the provisions of the Constitution, it does not fully comply with the requirements of the object of traditional property law. The object of ownership itself particularity is reflected in the extensive range of objects and subjects.The particularity of ownership will affect the object-specific judgments of ownership, so the interpretation of the object-specific judgments of ownership should stick work to the method of combining punishment with leniency. On this basis, the paper studies the typical object-specific judgments of the ownership-the object-specific judgments of state ownership of natural resources and radio spectrum resources. Ownership of natural resources due to the provisions from the Constitution, the provisions are too principle, just have sworn role. Their object-specific judgments do not necessary to one by one, just need to be considered as a whole. State ownership of climatic resources does not be provided in real right law, so they are excluded from the object of national ownership of natural resources. Radio spectrum resources can be understood in two methods. It can be seen as the arrangement pattern formed by the radio waves. Another is to see it as certain frequency general term. Since the interpretation of the radio spectrum resources into graphics resources do not meet the legislative intent, it is excluded. The nature of the electromagnetic wave is the material, legislators and most real right law scholars are also seen electromagnetic wave as res of civil law. By judge means of functional substitute, radio spectrum resources can be considered to have specific characteristics.In the third chapter, the paper summarizes the ideas and methods to determine the object-specific of ownership, describes its value and the significance. The object-specific judgments of ownership, for usufructuary right and security interest object-specific judgments, have methodological significance. Therefore, this part describes methods and revelations of the object-specific judgments of ownership, and on this basis, it judge the object-specific of typical usufructuary right and security interest. Through object-specific judgments of all kinds of real right, you can clearly find that object-specific judgment is a systematic process. On this basis, the paper analyzes the theoretical and practical value of object-specific judgments theory.