Regulation Of Process Under The Perspective Of Real Right Law

Accession,refers to the fact that the objects of different people are combined to form an inseparable material or something of a new nature.Since the Roman law,the accession of the original acquisition as a form of ownership is widely accepted.Modern civil law countries generally provide for accession policy in its property law,the common law countries have also set up accession rules in its property legal system.In our country,there are many academic researches on the accession system.Scholars are often involved in the preparation of articles on the way in which property rights are obtained or related property law.However,in contrast to the thriving of theoretical research,the relevant legislation on the accession of our country is very thin.There is no specific legislation on the system of accession,and only two documents issued by the Supreme People’s Court have mentioned the issue.In the process of the development of property law in China,scholars basically stipulate the system of accession in the proposed draft.But unfortunately the final adoption of the“Real Right Law” did not put it in the bag.One of the significant problems brought about by the lack of legislation is that the large number of disputes in the judicial practice of our country cannot be solved because of the lack of clear legal basis.In general,the accession can be subdivided into three specific forms: connection,confusion and processing.Although these three specific forms have their own specialities in their meaning,constitution and legal effect,they are both an integral part of the accession system.Therefore,most of the current domestic theoretical researches place connection,confusion and processing under a unified study.First of all,its commonness are discussed unified,and then their personalities are discussed separately.The advantage of this research method is that it can save research costs;the disadvantage is that it is difficult to dig out the various forms of special.In view of this,this article specifically selected to add the most representative of the processing system for specialized discussion.On the one hand,it is easy to dig out the essential elements of the processing,and the legal effect and so on.Through the dialectical analysis of the current legislation and doctrine of processing,we can conclude the consistent and practicable processing rules.On the other hand,it is convenient for providing reference for the formal legislation of the system.This paper will be discussed on the processing of Property Right Law in the following five chapters:The first chapter,“Overview of Accession System”.This chapter mainly introduces the three basic types and their meanings of the accession,and analyzes the main reasons and the unfavorable consequences of the special legislation of the system,and demonstrates the necessity of constructing the system.The second chapter,“Scope of Process”.Through the processing of the type of process,this chapter summarizes four main types of processing,that is,in accordance with the contract legal relationship for the processing,in accordance with the employment of legal relations for the processing,the factor behavior of the processing,and the illegal behavior of the processing.Through the analysis of various types of processing,it is concluded that the property law should only regulate the processing of non-legal acts.The third chapter,“Components of Process”.Through the analysis of the object,subject and result of processing,this chapter argues that the object of processing should be the movable property of others,and the main body of the processing should be the person who has control over the whole process and the results of processingshould be made a new thing.The fourth chapter,“The Real Right Effects of Process”.This chapter chooses the most important problem of ownership as the focus of the analysis of the effect of the real right,and points out that the principle of “Processing” should be taken as the principle of judging the attribution of ownership of processing.The final chapter,“The Relationship between Processing and Other Legal Systems”.This chapter compares the value and function of the processing system and other legal systems by comparing the processing system with other different legal systems,and echoes the view that it is necessary to construct the accession system at the beginning of the writing.