2008Journal of Kunming University of Science and TechnologyRequires access

The Legal Regulation on the Relationship of Property Right

Feng Hui

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Abstract

The legal regulation on the relationship of property right is not equal to the regulation on the property right bythe Property Law of People's Republic of China,while the relationship of property right needs the regulation by the whole legal system and the coordination among different department laws.From the angle of history,the civil law and its property law could not regulate all the kinds of the relationship of property rights;from the angle of the tendency,the socialization on the economy and society is the essential reason for that the relationship of property right needs the regulation by the coordination among different department laws;from the angle of practice,the regulation by the coordination among different department laws reflects the demand from the economy and society.For example,when to regulate the relationship of property right by investment,the relationship of property right of the state and local government,and the relationship of property right of the collective,the civil law and its property law have obvious disadvantages,so in order to get effective regulation,we need the coordination between the civil law and its property law and the company law,the state-owned property law and the cooperative law.

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The legal regulation on the relationship of property right is not equal to the regulation on the property right bythe Property Law of People's Republic of China,while the relationship of property right needs the regulation by the whole legal system and the coordination among different department laws.From the angle of history,the civil law and its property law could not regulate all the kinds of the relationship of property rights;from the angle of the tendency,the socialization on the economy and society is the essential reason for that the relationship of property right needs the regulation by the coordination among different department laws;from the angle of practice,the regulation by the coordination among different department laws reflects the demand from the economy and society.For example,when to regulate the relationship of property right by investment,the relationship of property right of the state and local government,and the relationship of property right of the collective,the civil law and its property law have obvious disadvantages,so in order to get effective regulation,we need the coordination between the civil law and its property law and the company law,the state-owned property law and the cooperative law.

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Available abstract

The legal regulation on the relationship of property right is not equal to the regulation on the property right bythe Property Law of People's Republic of China,while the relationship of property right needs the regulation by the whole legal system and the coordination among different department laws.From the angle of history,the civil law and its property law could not regulate all the kinds of the relationship of property rights;from the angle of the tendency,the socialization on the economy and society is the essential reason for that the relationship of property right needs the regulation by the coordination among different department laws;from the angle of practice,the regulation by the coordination among different department laws reflects the demand from the economy and society.For example,when to regulate the relationship of property right by investment,the relationship of property right of the state and local government,and the relationship of property right of the collective,the civil law and its property law have obvious disadvantages,so in order to get effective regulation,we need the coordination between the civil law and its property law and the company law,the state-owned property law and the cooperative law.

Key concepts: Numerus clausus, Property law, Property (philosophy), Law, Property rights, Exclusive right, Civil law (Civil law), Intangible property

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