Special Topics in Modern Property Law

Author: Yu Nengbin, Editor-in-Chief
Publisher:
Publish Date: 2002-03-01
Features: This book is a specialized study on the modern property rights system. It is divided into ten chapters with over 300,000 words in total. The first chapter traces the historical trajectory of property rights law development, pointing out the modernization trends of property rights law, such as the socialization of legal basis, the publicization of legal nature, the blurring of legal boundaries, the internationalization of legal content, and the complexity of legal forms. The second chapter examines some fundamental concepts in the field of property rights law, such as the concept, nature, functions, basic principles of property rights law, the objects of property rights law, and property rights acts. The third chapter reflects on traditional property rights theories. It primarily highlights two issues in traditional property rights theories: first, the proposition that property rights law adjusts property ownership is completely unsuitable for modern society and public ownership, and modern property rights law should focus on adjusting property utilization relationships; second, traditional property rights theories lack unified theories and principles regarding possessory rights, failing to reflect the objective requirements and utilization status of property in modern society or address the practical issues of non-owners using others' property in China. The fourth chapter responds to the aforementioned issues by proposing a basic framework for a dual-structure system of property ownership and utilization, indicating that China's property rights system should be a comprehensive set of legal norms addressing property ownership and utilization, forming a dual-structure system composed of property ownership and property utilization systems. Establishing a complete and independent system of possessory rights as a centralized and unified legal form for property utilization is the fundamental legal design. The fifth chapter explores the consideration of what type of property rights structure (including the property rights structure of collective land) system China should establish. The sixth chapter focuses on the fundamental concepts of ownership and related property utilization (i.e., property managed by state-owned enterprises and rural collective land), divided into four topics. The first topic studies the fundamental concepts of ownership and their constituent systems. The second topic examines and reflects on the socialization of ownership. The third topic discusses the legal nature of state-owned enterprise property rights, pointing out that state-owned enterprises cannot claim ownership over the property they manage but should be recognized as having a statutory operational right, which is a new type of property right. The fourth topic studies the property rights-based transformation of rural land management systems, proposing the idea of implementing the "Two Fields System" (dividing agricultural land into "Survival Fields" and "Market Fields") by drawing on the systems of hereditary tenancy rights and usufruct rights. The seventh chapter studies the rights of pawn and business pledge. The eighth chapter focuses on several issues in the security interest system, specifically exploring the legislative positioning and system issues of security interest systems, the statutory mortgage rights of construction project contractors, and the issues of certificate-of-deposit pledges. The ninth chapter conducts a specialized study on the retention of title, providing a comprehensive and systematic analysis and comparative study of the concept, legal nature, legislative practices and judicial precedents in various countries, registration, determination rules for clause inclusion, and effectiveness, forming a relatively complete system of research on the retention of title. The tenth chapter explores three topics separately: notice registration in property rights law, registration of immovable property rights, and registration of movable property security interests, and proposes corresponding legislative recommendations.