Research on Basic Issues of User Rights

Author: Fang Shaokun
Publisher:
Publish Date: 2006-09-01
Features: In a certain sense, the history of human society's development is also the history of the development of human property. Because human survival and development depend on material resources, especially land and other natural resources. In the process of production, distribution, exchange, and consumption of material resources, people inevitably form certain relationships, giving rise to corresponding property systems. From a legal perspective, this property system initially manifests as a relationship of possession and ownership. As human society develops, material resources become increasingly scarce, and the contradiction between the ownership of material resources and demand becomes increasingly prominent. This gives rise to the objective need to utilize others' material resources to obtain property benefits, and thus the right of use emerges. At the same time, as human control over property strengthens and the degree of property utilization deepens, the role of the right of use in the production of material resources and the development of the social economy also grows increasingly significant. In modern society, the right of use has become one of the core components of property rights systems in various countries. For a long time, China denied the right of use system in legal theory, had no practical application of the right of use, and lacked research on it. However, after the implementation of the compensated use of state-owned land following the economic system reform, this situation began to change. Scholars started to pay attention to the right of use system, and research findings on it began to emerge in large quantities. The suggestions proposed in these research findings have played an important role in promoting the establishment of China's right of use system. However, overall, research on the right of use system is still in its early stages, and its level far lags behind the study of fundamental theories of property law, as well as ownership and security interests. This situation is not commensurate with the important position of the right of use system in property law. For many years, we have been committed to researching the basic theories and specific systems of the right of use, continuously deepening our research content, and introducing new findings. This series of books is a representative example. This series conducts in-depth research on the basic theories of the right of use and various specific types of it. Its purpose is, on one hand, to attempt to construct a theoretical framework for China's right of use system and enhance the research level of the system; on the other hand, to provide useful suggestions for the establishment and improvement of China's right of use system, promoting the scientific and systematic development of its legislation. We hope that this series can provide readers with a new research perspective, encouraging them to pay more attention to the right of use system. At the same time, we also hope that readers will offer constructive criticism to help improve the theoretical research level of China's right of use system.