On The Right To Hunt

Through the history of hunting,hunting is one of the earliest major livelihoods of mankind,with the changes of social,the development of economic,hunting slowly fade out of the way of life of mankind,gradually become auxiliary production methods,to the present is not even a way of production,and evolved into a kind of entertainment or sports.Today the world for the protection of wild animals,the purpose of maintaining biodiversity,many countries issued a ban on hunting,of course,not all countries are prohibited hunting,there are still some countries allow hunting,the purpose of hunting is to maintain national culture,some are for the maintenance of tradition,some in order to achieve the wildlife resources and the balance of protection,even for developing of hunting-sport and amusement and so on.In our country,hunting also has a long history,now,For the sake of social development to prohibit hunting,whether it is contrary to the constitutional intention of maintaining national culture and its survival and development.In addition,on the legislative level,the hunting rights have been considered to be written in the "Property Law of The People’s Republic of China"-the chapter of Usher property rights,so I boldly believe that the future development of hunting in practice will be considered by legislators to become legislative and academic research object,For which I choose hunting rights to study and contribute to future related research.In our country,the existing theory that quasi-property is the concept of hunting rights,and stay here,I do not agree with the assertion.Analyze a right,we must start by its legal attributes,that is,to argue the legal basis of hunting rights as a private right,and then try to vertical from the Roman system of law to the two legal systems,for the proof of the profit is the concept of hunting rights,and finally,put the hunting rights as a profit into the real right system,and analyze the nature of their property.This article is divided into four parts:The first part,examines the legal basis of hunting rights as a private right,which includes the basis from the constitution and the basis from the private law of the hunting rights itself.Constitutional private foundation is intuitively expressed in the provisions of our constitution,In addition,from the perspective of comparative law to analyze the relevant provisions of other countries;The hunting rights of its own private law basis refers to the hunting behavior against the hunter,distinguish between hunting,through hunting behavior analyze the changes with the acquisition of wild animals and the procedural.The second part analyzes the unique quasi-real right system in our country,analyzes its defects as the concept of hunting right,and then,through the system of servitutes in Roman law,and its subsequent inheritance in the two legal systems,from the history,the hunting rights should be included in the private rights of profit,finally,analysis the structure of hunting rights that is the inherent rights:its core rights and related rights.In the third part,with the development of the theory about the distinction between creditor ’s rights and property rights in German civil law,the German scholar Kanaris and Mueller constructed the "dinglishkeit" system,Later,some scholars put depth exploration in the "dinglishkeit" right in rem theory and development its content,for identify the authenticity of the real right by the theory of the elements constitute "dinglishkeit".Now analysis the hunting rights’ elements,to determine whether it has the element basis as a property rights match the"dinglishkeit" requirements.The fourth part,the conclusion.First of all,from the constitutional point focus on the public power of hunting rights,the cultural rights of ethnic minorities should be protected,Its privacy that is the exercise of hunting rights should be implemented,from the private legal system and practice to obtain standardized protection;Secondly,the privacy of hunting rights comes from the servitutes system in Roman law,which should be included in the real right type as a profit and deny the quasi-real right title;Finally,from the structure and "dinglishkeit",compared to the most typical property rights-Ownership,that hunting right is also a typical real right.