Research on the System of Beneficial Rights

Author: Qu Maohui
Publisher:
Publish Date: 2005-07-28
Features: The development trend of modern property law from "ownership-centered to utilization-centered" has made the system of usufruct rights increasingly prominent in property law. On one hand, a well-developed system of usufruct rights can improve the utilization efficiency of property, especially real estate. The more developed the usufruct rights system, the more efficient society becomes in utilizing property. Therefore, in the current property law legislation in China, only by establishing a comprehensive and contextually appropriate system of usufruct rights can we achieve the goal of maximizing the utility of property and truly bring into play the superiority of socialist public ownership. On the other hand, "those with stable property have stable hearts," and a well-developed system of usufruct rights also encourages wealth creation and fulfills people's expectations of creating wealth. As a property right, usufruct rights have the effect of opposing third parties, making them more stable than debts in legal relationships between parties and protecting the interests of property users. The system of usufruct rights better reflects the protection of the interests of owners and the utilization interests of usufruct holders. In China's practice, an important aspect of safeguarding farmers' land contract rights from illegal infringement is to grant them property rights effects, enabling them to oppose third-party encroachments. With the drafting of the Civil Code of China on the agenda, discussions on property law, particularly its focus on usufruct rights, have become a key and hot topic in civil law research. The specific attention to the construction of China's system of usufruct rights has made it the most contentious issue in the process of drafting China's property law. The construction of a modern usufruct rights system centered on real estate should draw on the valuable experiences of advanced legal systems. However, unlike security interests, which derive their universality from their close connection with transactions, usufruct rights are more characterized by historical and inherent traits, reflecting different economic systems and social development conditions. It follows that in the construction of the usufruct rights system, we cannot blindly copy the systems of advanced countries. We must base ourselves on China's realities and formulate legal rules for usufruct rights that are suitable for China, thereby fully realizing the intended functions of the system. The usufruct rights system we aim to establish must strike a balance between universality and inherent characteristics, as well as between theoretical and practical considerations. This requires systematic systematic research and in-depth empirical analysis. Therefore, while thoroughly studying the fundamental theories of usufruct rights in traditional civil law, we must genuinely understand China's current realities and combine them with existing legislative resources to construct a Chinese characteristic system of usufruct rights. Over the past decade, my student Maohui has focused on property law as his research priority, conducting in-depth empirical research on key issues related to usufruct rights, such as usufruct, land contract rights, construction land use rights, and spatial use rights. These achievements are systematically reflected in his previous work, On Usufruct Rights: A Source Analysis, Comparative Institutional Study, and Legislative Reflection. During his doctoral studies, Maohui continued to focus on property law under my guidance, further expanding the scope and depth of his research. This book provides a detailed and in-depth review and discussion of the basic issues of the usufruct rights system, the usufruct rights systems of advanced countries or regions, and China's system of usufruct rights, employing comparative, historical, empirical, and economic analysis methods. Regarding the systems of advanced countries, the author maintains a clear-headed perspective, thoughtfully considering and deliberating on them in light of China's realities, without being constrained by existing authoritative theories, demonstrating the courage of a young civil law scholar in pursuing truth. As for China's existing system, Maohui reflects on it rationally and proposes many constructive suggestions. The academic spirit of Maohui deserves encouragement and advocacy. As his mentor, I am both appreciative of his hard work and genuinely happy for his achievements. I write this preface to express my congratulations on the publication of this book. I hope Maohui will continue to strive in his future teaching and research, achieve even more fruitful results, and contribute to the prosperity and development of Chinese civil law! Wang Liming