Protection and Regulation of Real Rights by Administrative Law

In consideration of their arbitrary attributes,all modern countries have furnished various protections for real rights.But socialization of real rights has exceeded the limit of the traditional dualistic analyses of the political state and civil society and the public law and civil law,which is proved mainly by a massive intrusion of executive power into the domain of jura in re,and has to do specifically with the protection and regulation of rights.Therefore,while making real rights legislations,we must center on protection of private property,take society as a standard and bear in mind all social relations that have something to do with real rights.In making private law rules concerning real rights, we should adopt a basic standard to determine the relations of real rights and executive power.Administrative levy and take-over activities must be limited and no legitimate property shall be confiscated.The obligation arising out of a real right in administrative law shall be discharged along with the termination of the real right.Furthermore,as the case may be,a registration of real right may not be a requirement of the effectiveness of the real right.While improving and protecting real rights,we should resort to administrative law to restrain unreasonable administrative regulations and perform the vital protective function of administrative law.