The Classification of Property Right into Three Types in the Real Right Law: Significance and Limitations
LI Shou-xi
Abstract
LI Shou-xi
Abstract
The Real Right Law classifies right into state ownership,collective ownership and private ownership,offering equal protection,which represents historic progress.However,it emphasizes protection of public right,which is in conflict with the principle of independent private right in the civil law and with the competition mechanism of the market economy.With the deepening of restructuring in China,the Real Right Law will return to the track of defending the independent private right and become cornerstone in maintaining permanent property and permanent mind in the Chinese society together with the future civil code,so as to achieve the final objective of enriching the people and strengthening the nation.
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The Real Right Law classifies right into state ownership,collective ownership and private ownership,offering equal protection,which represents historic progress.However,it emphasizes protection of public right,which is in conflict with the principle of independent private right in the civil law and with the competition mechanism of the market economy.With the deepening of restructuring in China,the Real Right Law will return to the track of defending the independent private right and become cornerstone in maintaining permanent property and permanent mind in the Chinese society together with the future civil code,so as to achieve the final objective of enriching the people and strengthening the nation.
Key concepts: Restructuring, Numerus clausus, Cornerstone, Property rights, Exclusive right, Civil code, Law and economics, Common ownership