I. Economic Law:
1. On the Legal Status of Enterprise Groups
2. Discussion on anti-monopoly of enterprise groups
3. Discussion on legal issues of enterprise merger and acquisition
4. Discussion on tax issues of foreign-invested enterprises in China.
5. On the Legislation of China's Free Trade Zone
6. Discussion on legal issues of paid land use in Pudong New Area.
7. A preliminary study on the legal issues concerning the development and utilization of foreign government loans in Pudong.
8. On tax guarantee.
9. Legal countermeasures against tax avoidance
Discussion on export tax rebate.
1 1. Discussion on social insurance tax
12. Discussion on securities taxation
13. Legal countermeasures to strengthen the management of the securities market
14. Discussion on related issues of assets appraisal legislation
15. Some legal issues concerning the management of foreign banks and Sino-foreign joint venture banks
16. preliminary study on legal issues of foreign-related land lease
17. On the Legislation of Export Processing Zones in China
18. Discussion on the establishment of China's foreign-related anti-dumping legal system
19. On the Audit of Economic Crime Cases
20 on the legal status and role of audit institutions
2 1. Discussion on the legal system of endowment insurance in China
22. Some problems about China's labor insurance legal system.
23. Legal thinking on improving China's labor dispute handling procedures
24. Thoughts on further improving the legal system of labor contract in China
25. Thoughts on Strengthening and Perfecting China's Environmental Legislation
26. Thoughts on Strengthening and Perfecting China's Environmental Law Enforcement
27. Legal Countermeasures for Establishing China's Technological Development Zone
28. Discussion on some legal issues of unfair competition in commodity sales.
29. Discussion on some legal issues of futures legislation.
30. On the legal protection of consumers' legitimate rights and interests
3 1. On the Necessity of Anti-profiteering Legislation
32. Legal thinking on land use right.
33. Research on the legal system of real estate market supervision
34. Investment legislation in China
Second, the scope of commercial law:
1. On the principles of organization and management of joint stock limited companies
2. On the legal regulation of one-man company
3. Research on equity transfer system of limited liability company
4. Research on corporate personality denial system.
5. On the shareholder representative litigation system
6. On the legal status of the company under establishment.
7. On the establishment system of company defects
8. On the internal supervision system of the company
9. On the obligations and responsibilities of controlling shareholders
10. On the Legal Regulation of Related Party Transactions
1 1. On the company's share repurchase system
On the Function of Insurance
-also on the comparison with the function of tort compensation
13. On the right of subrogation in insurance contracts
14. Research on legal supervision of cash use in insurance industry
On compulsory insurance system.
16. Preliminary study on legal issues of insurance premium management
On Consumer Insurance Contract
On the Guarantee of Credit Contract
19. Discussion on some legal issues of joint-stock cooperative enterprises
20. Analysis on the protection of the interests of bona fide third parties in the bill system
2 1. On the perfection of China's bankruptcy system
22. On the bankruptcy system of natural persons
Third, civil law?
1. On the Civil Law Protection of Fetal Interests
2. Legal thinking on perfecting China's guardianship system
3. On the nature and effectiveness of the company's ultra vires behavior.
-Comment on Article 10 of the Judicial Interpretation of China's Contract Law
4. On the legal status of corpses
-also on the legislation of donation and transplantation of remains and their organs in China
5. On the institutional value of agency by estoppel
6. A brief analysis of the essence of personality right-comments on the provisions of personality right in the draft civil law of our country.
7. On the legal protection of network privacy.
8. Thinking caused by "having children by borrowing their bellies"
-On the Body Right in Civil Law
9. On the Right of Reputation
-On the Legal Protection of the Reputation of the Dead
10. On the Conflict and Coordination between Privacy and Right to Know
1 1. Advance notice registration of real estate rights and its value research
12. Sequential registration of real estate rights and its value
13. On the principle of public trust and the protection of the interests of the third party
14. On the system of differentiated ownership of buildings
15. On the nature and effectiveness of property management contracts
16. On the Perfection of the Lost and Found System in China
17. Comparative Study on Additional Rules and Related Rules
18. On the circulation of rural land contractual management right in China
19. On commercial housing mortgage and its effectiveness
20. Preliminary study on legal issues of pre-sale of commercial housing
2 1. Thoughts on some problems of mortgage of projects under construction
22. Joint mortgage and its effectiveness
23. Establishment and effectiveness of maximum mortgage
24. The establishment of equity pledge and its effectiveness realization
25. Comparative Study on Mortgage and Assignment Guarantee System of Commercial Housing
26. On the Effect of Subrogation: Comment on Article 20 of the Judicial Interpretation of the Supreme Court.
27. Research on the integration of subrogation right and subrogation execution system in China.
28. Research on the Integration of Creditor's Revocation Right and Bankruptcy Law's Revocation Right
29. Goodwill analysis in the constitutive requirements of creditor's right to cancel.
30. On the invalidity of guarantee contract and its responsibility.
3 1. On the concurrence of security interest and guarantee
32. On the Nature and Effectiveness of Reward Advertisement
33. Analysis of compensation for damage of reliance interest
34. On the unauthorized disposition contract-comment on Article 5 1 of the Contract Law.
35. Comparative Study on Legal Consequences of Contract Alteration and Contract Termination
36. On Anticipated Liability for Breach of Contract
-Also on the difference between the right of defense and anxiety.
37. On the definition of the scope of damages for breach of contract.
38. On the predictability rule and its role in compensation for breach of contract.
39. On the Seller's Liability for Warranty of Defects
40. Reflections on the nature and effectiveness of subletting.
4 1. On the Property Right of Lease and Its Legal Basis
42. A brief analysis of the lessee's preemptive right.
43. On the ownership of attachments to leased property
44. Analysis of the legal mortgage in the construction project contract
-Also comment on relevant judicial interpretations in the Supreme People's Court.
45. On the carrier's security obligations in passenger transport contracts.
46. A preliminary study on the responsibility in the contract of combined transport of goods
47. The right to claim compensation for doing good deeds.
-starting with improving the relevant provisions of negotiorum gestio.
48. Analysis of Employer's Responsibility
49. Insurance and compensation for civil liability of traffic accidents
50. Coordination of medical risk prevention and damage compensation
5 1. On the Definition of the Scope of Compensation for Tort Damage
52. Legislative Defects and Perfection of China's Mental Damage Compensation System
53. On the legal nature and effectiveness of property division.
54. Legal Thinking on Several Issues of Legacy Maintenance Agreement
55. On the Legal Protection of Privacy
56. On the Legal Protection of Personality Rights
57. Analysis of the foreseeable rules in the liability for breach of contract
58. On the Construction of Invalid Marriage System in China
59. Analysis of divorce damages system
60. On the compensation system for mental damage.
6 1. Copyright Analysis of Online Music
62. On the Intellectual Property Protection of Geographical Indications
63. On the Legal Protection of Computer Software
64. On the legal protection of "well-known trademarks"
65. On the principle of exhaustion of distribution rights
66. On the Copyright Restriction System under the Network Environment
67. Freedom of expression on the Internet and its legal regulation.
68. Analysis of Tort Liability of Internet Service Providers
69. Copyright protection under the network environment
Fourth, the procedural law:
1. On the deficiency and perfection of China's current trial level system
2. On the reform and development of civil evidence system in China.
3. Analysis of the third party system in civil litigation
4. Analysis of legal problems caused by "trap evidence collection"
5. Advantages and disadvantages of trial supervision procedure
6. Analysis of legal issues of "small consumption litigation"
7. Legislative protection of public interest litigation
8. Analysis of civil litigation preservation system
9. On the defense in civil litigation
10. Some problems in territorial jurisdiction
1 1. On the Obstacles of Proof
12. On the judicial review system of abstract administrative acts
65438+
On Judicial Review of Administrative Procedure
15. On the right of judicial change in administrative litigation
On the burden of proof in administrative litigation
17. On the reform of jury system in civil litigation
18. On the perfection of the mediation procedure system in civil litigation
19. On joint litigants in succession
20. Discrimination between this certificate and disproof in civil litigation
2 1. Discussion on Several Issues of People's Procuratorate's Protest
22. On the supervision mechanism of criminal proceedings
23. On the reform of the criminal trial system in China.
On the position and function of lawyers in the investigation stage.
On the requirements and standards of proof in various stages of criminal proceedings.
26. A preliminary study on the system of discovery of evidence in criminal proceedings.
27. On the witness system in China's criminal proceedings
28. Research on the Right to Silence
29. On the probative effect of illegal evidence.
V. Scope of criminal law:
1. On special subject crime
2. On the crime of misappropriating public funds
3. On the application and deficiency of the principle of presumption of innocence in China's criminal justice.
4. On the principle of a legally prescribed punishment for a crime
5. Comparison between the crime of commercial bribery and the crime of accepting bribes by state functionaries
6. On the Proper Promotion Means and the Crime of Bribery
7. Discussion on euthanasia.
8. Analysis of the crime of illegal business operation.
9. Explore the problem of cyber crime.
10. Research on New Financial Crimes
1 1. On the Crime of Infringement of Trade Secrets
12. Study on the criminal responsibility of juvenile delinquency
13. On the Aggravated Consequence Crime in China's Criminal Law
On the crime of omission.
15. On the determination of the amount of crime in stock bribery cases
16. on the determination of surrender and the application of punishment
17. On the perfection of parole system in China
18. Study on Consequential Offense and Its Form
19. Analysis on the deficiency and perfection of the system of combined punishment for several crimes in China
20. Discussion on the abolition of the death penalty.
2 1. On the perfection of China's fine penalty system
22. On the criminal responsibility of mental patients and its legal application.
23. Analysis of crimes committed by floating population.
VI. Constitution, administrative law, jurisprudence, legal history and international law:
1. On the Basic Principles of Roman Law and Its Influence
2. Analysis of China's modern constitutional legislation.
3. The revision of laws in Shen Jiaben and the establishment of modern legal system in China.
4. Analysis on the Confucianism of Han Dynasty's law
5. On monarchical power, patriarchy, husband power and ancient Chinese law.
6. Talking about non-litigation and interest litigation
7. On the conflict and adjustment between law and morality.
8. On Legal Professionalization and Judicial Reform
9. Explore the reasons why administrative law enforcement is difficult.
10. Thoughts on reforming and perfecting China's constitutional supervision system
1 1. On the Construction of Constitutional Litigation System
12. On the Judicature of the Constitution of China
13. Research on judicial review system
14. Legal transplantation
15. On the spirit of the times of law
On national sovereign immunity.
17. Research on WTO international dispute settlement mechanism
18. Analysis of the legal system of the World Trade Organization
19. legal thinking on anti-dumping legislation and its application
On the reservation system of public order in private international law
2 1. On the choice of law in private international law
22. On the Resolution of Jurisdiction Conflicts in International Civil and Commercial Cases
23. On the legal application of foreign-related contractual relations in China
Contemporary Development of Roman Law Ownership Theory
Third, the contemporary development of ownership theory and one thing one right theory.
The sudden change of any legal system will impact and challenge the existing system, because the separation and fission of absolute ownership directly impact and challenge the principle of one thing and one right in the property right system of continental law system. In this reform, many scholars questioned the principle of one thing and one right, and thought that the original meaning of one thing and one right was that there was only one ownership above one thing. Therefore, after the emergence of usufructuary right and security right, especially after the emergence of modern building ownership, any real estate may have multiple property rights or even multiple ownership rights. The principle of one thing and one right may be necessary in history, but it is completely out of date now. Moreover, as a legal concept, the principle of one thing and one right is not only unscientific, but also misleading to practice. So it should be abolished. Some scholars firmly defend the principle of "one thing, one right" on the basis of denying dual ownership, and think that the reason why the ownership system of modern continental law chose Roman law mode instead of Germanic law mode, that is, from dual ownership in medieval western Europe to one thing, one right in capitalist era, is an important effort made by human society to destroy the feudal system characterized by status hierarchy and lift the shackles of feudal identity in property. If we recognize dual ownership today, it will revive the ownership system or concept with identity. Once the dual ownership is established, the existing ownership will lose its logical support and even collapse because of the dismemberment of ownership. The real right without the spirit of one thing and one right is by no means the real right of the real right system in the continental law system. To deny one thing and one right is to deny the concept of real right and the real right system itself. Of course, some scholars take a compromise attitude and think that the separation of ownership between shareholders and the company is based on the existence of the company, and the company may be terminated for legal reasons. Once terminated, the basis of separation of rights will be lost, and the property after liquidation will be owned by shareholders, so that the power of ownership will be completely restored to shareholders. This kind of return is the performance of ownership flexibility. Therefore, there is no contradiction between the existence of multiple ownership and the theory of one thing and one right. The two kinds of ownership that coexist during the existence of a legal person are only exceptions and special manifestations of one thing and one right.
The author thinks that, from the track of the development of continental law ownership, it has indeed experienced the transformation from dual ownership in Germanic law to absolute exclusive ownership in Roman law, and it has indeed abandoned the shackles of feudal identity relations through the establishment of ownership system, and publicized the humanity and freedom of owners. However, if we only take this as an argument, we will come to the conclusion that "recognizing dual ownership will revive the ownership system or concept with identity", which is a retrogressive conclusion of history. This conclusion actually lacks the necessary premise and cannot be established. Because the division and fragmentation of absolute ownership is not caused by feudal identity relations, nor is it the result of feudal identity relations. On the contrary, it is the free expression of the rights of absolute owners, indicating that all parties of the ownership subject who perform their duties based on contractual relations are completely equal, not bound by any identity relations, and it is by no means a simple return to feudal ownership. Affirming the globalization trend of free division of ownership is not a retrogression of the legal system, but a progress of the legal system.
Property right is exclusive, which is also the essential attribute of property law, otherwise property law will not be called property law. However, the exclusiveness of real right is not absolute, but relative. The coexistence of ownership and usufructuary right in the same thing, ownership and security right, the contemporary development of ownership theory in Roman law, and the coexistence of security right and security right are the best examples of compatibility-property right has the dual attributes of exclusiveness and compatibility. If we exaggerate the exclusiveness of property rights unilaterally and deny the compatibility of property rights, just like denying the exclusiveness of property rights, it will cause devastating disasters to the carefully constructed and designed civil law property rights system. Multiple ownership rights that exist on the same thing after division are also exclusive and compatible, and compatibility determines that multiple ownership rights can exist on one thing. In the sale of ownership reservation, the seller's legal ownership and the buyer's real ownership of the subject matter are caused by ownership compatibility; Exclusivity determines that there cannot be two conflicting ownership rights on the same thing, and the legal ownership retained by the seller can only be owned by the seller. There can be no more than two reserved legal ownership on the same thing, and similarly, there can be no more than two real ownership on the same thing. The exclusiveness and compatibility of real right are opposite, but they are interdependent and complementary, and the unity of the two constitutes the complete attribute of real right. Therefore, as long as we still insist on the exclusiveness of property rights, admit the compatibility of property rights and the existence of dual ownership on the same property, the principle of one thing and one right, which embodies exclusiveness, can still occupy an important position in property law. In other words, there is no fundamental conflict between recognizing dual ownership and defending one thing and one right, so there is no need to talk about fear and fear.
The core content of the principle of one thing and one right is that there can only be one ownership above one thing. It is an important task for us to face up to the contemporary development and change of ownership and adhere to the principle of one thing and one right in the property law. There should be two different solutions to this problem. First, on the basis of maintaining the original concept of one thing and one right, the dual ownership is interpreted as an exception or special performance of one thing and one right; Secondly, in the context of modern law, a new interpretation of one thing and one right is given. Scholars at home and abroad have reached a consensus when explaining legal principles: "Legal principles are comprehensive and stable principles and norms, which can be used as the basis or source of many legal rules", and legal principles "are the most concentrated embodiment of legal spirit and the principles and mechanisms of legal system." No rule, system or norm can violate the spirit of legal principles. Therefore, the legal principle is a legislative policy, which plays a command and guidance role in all systems, rules and norms. "Principles may conflict with each other, so principles carry weight, that is, conflicting principles must be measured and balanced." Every principle has its own value and the value it pursues. Different principles will have different results when applied to specific cases, so it is necessary to balance and measure different principles and apply the one with the greatest value. Principles can conflict with each other and measure each other, but there can be no exceptions under principles. Otherwise, legal principles are not the most concentrated embodiment of legal spirit, nor are they legislative policies that command and guide the legal system, legal rules and legal norms. As the basic principle of civil law, the principle of good faith, if there are exceptions or special manifestations, is hard to imagine what kind of exceptions or special manifestations should be. Since the principle of one thing and one right is the basic principle of property law, there should be no exception. Obviously, the first solution to the problem, although intended to solve contradictions, has plunged itself into new contradictions. When talking about the evolution of the concept, Mr. Huang Maorong, a scholar in Taiwan Province Province, took a famous sentence of a German scholar as an argument: "Laws must evolve with time to meet the changing society with time, and there should be no doubt. Therefore, the concept of legal provisions, like laws, has a historical time structure and must evolve with historical changes. " [4 1] "Without a legal concept, it is completely unchanged in dogma", [42] With the development and evolution of modern legal ownership system, the concepts of property law such as one thing and one right will inevitably change, so the second method seems to be the most logical.
Scholars at home and abroad have different definitions of a thing and a right, but its connotation can be summarized as one sentence: there can only be one kind of ownership on a thing, and there cannot be more than two other real rights with conflicting contents and nature at the same time. [43] In fact, we don't need to waste too many words. As long as the modifier "content and nature conflict with each other" is put in a more accurate position, the traditional concept of one thing and one right will be greatly improved: there cannot be more than two property rights with mutually exclusive content and nature on one thing. This concept has two meanings: 1 A thing can have multiple real rights, including two ownership rights, ownership rights and other real rights, or the ownership rights of a thing and several other real rights. In other words, real rights can compete, provided that all kinds of real rights are inclusive and can coexist peacefully. However, tolerance is temporary, not permanent. When the potential exclusiveness of real right finally emerges from the bones according to the tolerance of real right, the competing real right will have a fierce conflict between life and death, and the means to solve the conflict is the inherent real right or the priority given by law. The value of the priority effect of real right lies in that the exclusiveness of real right replaces the compatibility of real right, and this change also creates the priority effect of real right; Of course, the co-opetition and disintegration of ownership (parent right) and other property rights separated from ownership or ownership (sub-rights) separated from ownership in other meanings [44] has nothing to do with the priority effect, but is determined by the nature that the sub-rights eventually return to the parent right. 2. Property rights that are mutually exclusive in nature or content, that is, there can only be one incompatible property right on one thing, including ownership and other property rights. This is the essential connotation of the principle of one thing and one right, the exclusiveness of real right and the universal truth. As long as any property rights are mutually exclusive, it is impossible to compete on the same thing. One right comes from a real object, and another mutually exclusive right cannot come from the beginning: the person who obtains the possession of the pledged property realizes the pledge, and the person who does not obtain the possession cannot realize the pledge. Of course, pledge can produce another pledge, but the pledge must be based on the effective existence of the original pledge and depend on it. When the original pledge is destroyed, the pledge will be destroyed. The pledge is actually a derivative of the original pledge, and the pledge existing in the original pledge and the pledge are not two independent pledges. In the sale of retention of title, once the seller delivers the subject matter to the buyer, it produces the beneficial ownership of the buyer, and it is impossible to produce another beneficial ownership of the same subject matter at the same time. During this period, if the beneficial ownership transferred again because the seller sells one thing and two things is established, or the buyer transfers its beneficial ownership to others, then the original beneficial ownership will be destroyed automatically when the secondary beneficial ownership is established. [45] This natural exclusiveness comes from the identity of the nature and content of property rights, which is called "same-sex repulsion". The pawning right can coexist with the mortgage right, but not with another pawning right, because both pawning rights take possession as an important element and have the same use and income content. Similarly, the legal ownership based on the trust relationship can coexist with the beneficial ownership of the beneficiary, but it is absolutely impossible to set the legal ownership of others with the same content on the trust property. In short, no matter what changes the development of ownership will bring to ownership and even the whole property right system, the principle of one thing and one right is beyond doubt.
Precautions:
Yin Tian: On the principle of one thing and one right and its conflict with the theory of "dual ownership", China Civil Law, 2003 edition, Machinery Industry Press, 2004 edition, p. 10.
Page 24 1.
See Wang Liming: Research on Civil and Commercial Law, 2nd Series, Law Press 200 1 Edition, p. 278.
Gray, Thomas C. On the Disintegration of Property Rights, translated by Gao Xinjun, Comparison of Economic and Social Systems, No.5, 1994.
See Ouyang Ke: Ownership under the Glory of Human Nature, Master's Degree Thesis of Civil and Commercial Law of Jilin University, 2004, p. 4.
Chen Huabin: Foreign Property Law, Law Press, 9 (2004).
See the previous quotation [5], written by Chen Huabin, p. 1 1.
Mei Xiaying:
See the previous quotation [5], written by Chen Huabin, p. 1 1.
See supra [7], Xia Mei English version, p. 80.
Citation [2], Wang Liming, p. 286.
Citation [5], by Chen Huabin, below page 9.
See supra [2], Wang Liming, p. 289.
Citation [5], written by Chen Huabin, pp. 16 below.
Xiao Houguo: The Rise and Fall of Ownership, Shandong People's Publishing House, 2003, p. 35.
See Adam? Smith: The Wealth of Nations, Volume II, translated by Guo Dali and Wang Yanan, Commercial Press, 1995, p. 1.
GottfriedDietze, publishing house, page 197 126.
See My Wife Rong: Property Law, Yanbo Bookstore, 1995, p. 2, quoted in the previous quotation [2], Book Company, p. 294.
Song Gang, Independence of Trust Property and Its Guarantee Significance —— From the Perspective of Liability Property in Civil Law System, Tsinghua University's Doctor of Law Thesis in 2005.
Xie: Development of the legal system of property rights in Taiwan Province, Property Law and Economic Law, No.2, 2005.
Shen elaborated on various forms of ownership reservation in his doctoral thesis. Simple ownership retention means that the seller delivers the subject matter to the buyer, and the ownership of the subject matter is still retained by the seller until the buyer pays the price of the specific subject matter, and the object of its ownership retention is limited to the specific subject matter occupied according to this contract; In the long-term retention of ownership, the buyer buys the subject matter not for consumption or personal use, but for resale to others, or for handling and attaching the subject matter before sale. In order to protect the seller's price claim, the object of the seller's reservation of ownership can be extended to the buyer's resale income or processed products. In the extended ownership reservation, the buyer can only obtain the ownership of the subject matter after paying the full price, and the buyer has the right to dispose of the subject matter before paying the full price. In a broad sense, ownership reservation refers to the system that the buyer can only obtain the ownership of the subject matter after the parties agree that the buyer not only pays off all the price, but also pays off the debts arising or about to arise between the seller and the buyer based on other transactions. See Shen: Theoretical Research on Expectation Right, China University of Political Science and Law Doctoral Thesis 200 1, p. 68 below.
Shen Daming: Franco-German Guarantee Law, China Legal Publishing House, 2000, p. 148.
See the previous quotation [20], Shen, p.565,438+0.
Quoted from the previous quotation [2], Shen, p. 9 1.
Quoted from Liu Dekuan: Problems and New Prospects of Civil Law, Wu Nan Book Publishing Company, 1995, p. 7.
The author once argued that there is dual ownership in the ownership reservation, and the seller's reservation is not beneficial ownership. Only when the buyer fails to pay the price as agreed, this kind of ownership is meaningful and becomes the right basis for the seller to claim the return of the property. The right of the buyer to possess and use the subject matter according to his own will is real ownership, but this ownership terminates when the buyer fails to pay the price as agreed. Therefore, we can learn from the experience of Anglo-American law and call these two kinds of ownership repossessed and conditional ownership respectively. See Ma: Research on Real Estate Ownership in American Property Law, China Law No.4, 200 1.
Wang Liming: On the dual structure of corporate ownership, quoted from the previous article [2], written by Wang Liming, p. 78.
Quoted from [l], Yin, page 249 below.
Professor Mei also thinks in his thesis "The Development of Contemporary Property and the Remodeling of Property Rights System": "A legal person can enjoy all the rights contained in ownership, but not strictly. Because ownership is an individual's description of the rights and obligations of the object itself, and legal person, as an entity constructed by law, is itself a concept of a group, the legal subject formed by this group possession itself is contrary to the individualistic metaphor of' absolute ownership'. See supra [7], Xia Mei English version, p. 82.
[7] The above quotation, Xia Mei English version, p. 84.
Taking ownership reservation as an example, if the buyer fails to pay the price as agreed, his ownership will be terminated and returned to the seller, and the seller's ownership will be changed from legal ownership to full ownership, and he has the right to claim the right to return the property from the buyer; If the buyer pays the price as agreed, once the price is paid, the seller's legal ownership will automatically terminate and the buyer's ownership will be transformed into a perfect state.
Citation [1], Yin, p. 252. 12 1 The result of this abstract ownership can be found in Law Research,No. 1 2006.
GyorgyDiosdi, Nersnpinaneetanre-classcazoromalaw, pp. 135, 133, 134. Quoted from the previous quotation [2], by Wang Liming, p. 275.
Fu Jingkun: On the Historical Development of American Contract Theory, Foreign Law Translation Review,No. 1.
Sun: Principles of China Property Law, Law Press, 2004, p. 142.
Citation [1], Yin, p. 249; Meng: On the dual structure of real right. People's Court Press, 2002, p. 104.
See the previous quote [2], Wang Liming book, p. 79.
Zhang Wenxian, editor-in-chief: Jurisprudence, Law Press, 1997, page 7 1, page 72.
be the same as the above
See Liang Huixing: General Civil Law, Law Press, 1996, p. 40.
Michael. d？ Bells: (legal principles-normative analysis), translation. Zhang Wenxian et al., Encyclopedia of China Publishing House, 19%, p. 13.
Lalun, Meth: Enlighed: Reehtsswissschaft, 3. Aufl. 1975，5. 124 f； GerhartHusserl, Reehtundzeit, 1955, S-off, quoted from Huang Maorong: Legal Methods and Modern Civil Law, China University of Political Science and Law Press, 200 1 Edition, p. 83.
[42] cited above [4 1], written by Huang Maorong, p. 83.
[43] As Chuan Dao, a Japanese scholar, said, "one thing has one right" means that the object of a real right is just an independent thing, and there cannot be more than two independent real rights in the same thing, especially two or more ownership rights cannot be established. China scholars also have the same expression, the principle of one thing and one right means that only one ownership can be set on one thing; No more than two conflicting property rights may be set on one thing. See Wang Liming: Research on Property Law, Renmin University of China Press, 2002, p. 82.
[44] For the convenience of writing, we refer to the ownership here as parental rights, and the property rights generated after separation or division are called sub-rights.
[45] Substantial ownership refers to ownership that does not have the legal responsibility of ownership, but has the essential attribute of ownership, also known as substantive ownership, or substantive ownership, which corresponds to equitable ownership in common law. Corresponding to this is legal ownership, which refers to the ownership represented by legal publicity, also known as legal ownership or formal ownership, common law ownership in common law.