Research On The Appliciation Of Foreign-related Real Rights Law In China

Real right is the direct control and exclusive right enjoyed by the right holder over a specific thing,including ownership,usufruct and security interest.Real rights are the basic rights for people to carry out various economic activities and occupy an important position in the civil rights system of various countries.Foreign-related real rights are real rights in which the subject,object or content of this right is related to foreign countries and therefore has foreign-related factors.At the same time,different countries have different political systems and economic conditions,resulting in different laws related to real rights formulated by each country.Therefore,there are inevitable conflicts and conflicts in the application of the laws on foreign-related real rights.This seriously affects the convenience and stability of international civil and commercial transactions.Based on this,private international law scholars in various countries have devoted themselves to finding ways to resolve legal conflicts of foreign-related property rights and to search for principles of law that are generally applicable.Our country’s legislation on foreign-related real rights is mainly reflected in the "Civil Code" and "Law on the Application of Law" and their judicial interpretations,but it is undeniable that there are loopholes and deficiencies in the legislation and the implementation of the law,and there is still room for improvement.At the same time,in recent years,the digital currency represented by Bitcoin has flourished and occupies a place in cross-border transactions.Issues such as how to effectively supervise it and how to apply the law have also followed.In addition,for the recourse of overseas lost cultural relics,how to choose the applicable law to protect my country’s interests to the greatest extent and obtain the ownership of cultural relics is another problem that needs to be solved urgently.To solve these problems,it is also necessary to study the legal application of foreign-related property rights as the basis.Therefore,this paper attempts to introduce the current situation of foreign-related property rights law application by analyzing the current situation of foreign-related property rights legislation and justice in my country,and explore the general application of foreign-related property rights laws.The principles and development trends provide theoretical support for further improving the legislation and judicial practice of my country’s foreign-related property law application,and explore solutions for the problems of digital currency and the pursuit of lost cultural relics.It can be seen that the study of the legal application of foreign-related property rights not only has theoretical significance,but also has important social practical significance.The full text is mainly divided into the following three parts:In the first part,the concept of foreign-related real rights and the application of law is firstly explained,which lays a solid foundation for the following definition and legal application of foreign-related real rights.At the same time,it introduces the generation and development of the basic theories and principles of foreign-related property rights,and explores the law of its development.Finally,it analyzes the different basic principles involved in the application of foreign-related real right law.The second part focuses on the legislative and judicial situations of different countries in the application of foreign-related property laws.The relevant provisions of our country are mainly reflected in the "Law on the Application of Law" and its judicial interpretation.Therefore,this article mainly uses this as a basis to divide real rights into movable and immovable properties,and analyze them respectively.At the same time,it also analyzes and researches the existing problems and solutions of the legal application of foreign-related property rights of digital currency and lost cultural relics,which are less studied at present.As for foreign countries,it mainly introduces four countries,analyzes their legislative advantages respectively,and provides reference for our country’s legislation.The third part analyzes the problems and deficiencies existing in legislation and judiciary in the application of foreign-related real rights law in my country,and tries to put forward reasonable suggestions in legislation,practice and other aspects.In order to provide assistance for the further development and improvement of the application of foreign-related real rights law in my country.