DISCUSSION ON NECESSITY OF THE CLAUSE ABOUT QUALITY OF REAL RIGHT

The clause about quality of real right,which is also called the article that the right sccording with quality of real right should be regarded as real right in the draft of real laws,has been bowdlerized after much argument.The focus of dispute is whether this clause violates or breaks the traditional Right Legal Principle.This argument reflects the different attitudes which the legislators and the academe hold towards the Principle of Real Right Legal and the buffer to it.Although the new property law doesn't accept this clause,theoretically and practically,it still has great significance.In fact,as long as the legislation set quality of real right as a law conforming to the state's actual conditions,the right according with quality of real right would be acknowledged by legislation through the legal quality of real right.Therefore,it does not conflict with the traditional Principle of Real Right Legal.In addition,the clause provides a new thought about the buffer to Principle of Real Right Legal.