The “revival” of bet365 sportsbook review in contemporary China
May 20, 2020 03:23 Source: "Chinese bet365 sportsbook review Sciences Journal" Issue 1929, May 20, 2020 Author: Geng Zhuo

[Core tip] The free setting of bet365 sportsbook review can not only overcome inefficient land use restrictions,It is also of great significance to protect individual freedom。The dual role of realistic logic and institutional logic,The applicable areas and scope of the easement system have been continuously expanded,Beyond property law itself and have universal applicability,Then it becomes a guiding law application、The legal concept of legal formulation and even related institutional systems。

An easement is a contractual agreement,Use of other people’s real estate,Usufruct rights to improve the efficiency of one’s own real estate (Article 156 of the Property Law)。As early as the 2nd century AD,The easement system was created by the ancient Romans to use other people's land for agricultural purposes (mainly irrigation and traffic),Later gradually expanded to other real estate and cities,It even becomes the “mother right” for incubating other types of usufruct rights,Becomes a common system in the civil law system and the common law system。In our country,Until 2007,The easement system was only established by the Property Law,Although there are relatively urgent objective needs in social reality,But subject to historical and cultural traditions、Thinking concepts、Professionality itself、The influence of factors such as institutional substitution,bet365 sportsbook review in Economics、Rarely applied in social life。To this,We need to analyze the rise and fall of the historical evolution of bet365 sportsbook review,We also need to summarize the pros and cons of current legislation,This is especially important today when the Civil Code is about to be promulgated,Further deepen or even revolutionize the understanding of bet365 sportsbook review,Grasp the contemporary destiny and impact of bet365 sportsbook review,Provide theoretical basis for future legislation。

  Institutional changes and diversification trends in bet365 sportsbook review

The essence of an easement is to adjust the property rights due to the economic utilization relationship between two real estate properties,Having the characteristics of dependence and inseparability。Driven by the needs of social practice,The institutional structure of bet365 sportsbook review gradually undergoes the following changes: First,Expansion of subject scope,Including inclusion of different rights holders,Number of right holders、Change in legal status。This is mainly due to the evolution of the adjustment objects of civil law from land ownership to land use。Second,Object scope expansion。Types of easement objects、Increased number,Expand to a layered three-dimensional space,Geographical relationships have also been broadened。Derived from this are public bet365 sportsbook review that can be used for both public infrastructure construction and ecological environment protection。Third,Content enrichment。This first manifests itself in the transition from ownership to utilization,It is also a manifestation of the development trend of property law;The second manifestation is that it attaches importance to both the satisfaction of economic material needs and spiritual enjoyment,I believe it will become an institutional tool to satisfy the people’s yearning for a better life。Fourth,Rights change mode。To make the easement effective,It is not enough to characterize it as a property right,We must also implement the principle of publicity and trust。
Changes in the basic structure of bet365 sportsbook review determine the diversification trend of their basic types。The provisions on easement types in the "Real Rights Section of the Civil Code (Draft)" are still a continuation of the "Real Rights Law",But there are shortcomings,Breakthrough on the blanket nature of easement types、Uniform regulations,Adopt the mode of generalization and illustrative regulations,The establishment method of easement is not limited to establishment by agreement between the parties;Practice should be summarized,Arrange and discover new bet365 sportsbook review and solidify them,Such as serving "Three Rural Areas"、Rural bet365 sportsbook review to help rural revitalization。At the same time,We should also grasp the development of the times and practical needs,Learn from everyone’s strengths,New special type based on comparative law。In a nutshell,There are at least five types worthy of attention and attention。
First,Collection easement。In collective easement,The land for servitude and the land for servitude are each other’s land for servitude and land for servitude。It can be used to maintain order in residential areas、Institutional tools to improve residents’ quality of life,Play an important role。Second,Owner’s easement (own easement)。Roman law expressly prohibited the creation of servitudes of one's own。Some countries and regions have abandoned this ancient principle,To cope with the economy、Realistic needs of social development,This has special practical value in our country where public ownership of land is implemented。Third,Compulsory easement。Compulsory bet365 sportsbook review emphasize the exclusion of consent at the time of establishment,Thus it will reduce transaction costs such as negotiation,Mainly applicable to economic production and people’s life fields。Exclusion of desirable mandatory features from establishment procedures、Payment consideration、When exercised and eliminated according to law,Pay more attention to the protection of the people who serve the land。Fourth,Public easement。With the economy、Social development,Traditional bet365 sportsbook review limited to private interests are no longer sufficient,As a new development of bet365 sportsbook review in traditional private law、Public bet365 sportsbook review came into being for the purpose of serving the public interest。The low cost that is not predicated on obtaining real estate ownership at the time of establishment、Advantages of high efficiency,Allow public bet365 sportsbook review to serve public utilities,Can also serve a specific public,It is also of great value in promoting the reform of our country’s neighborhood system。Fifth,Save easement。The preservation of bet365 sportsbook review is mainly to protect farmland、Wetlands and other natural resources、Natural ecological environment and society、Historical and cultural heritage,Widely used in the United States and other countries and regions,Good results,Protection of permanent basic farmland in my country、The construction of a natural land protection system with national parks as the main body and the implementation of the "ecological livability" requirements of the rural revitalization strategy are of inspiration and reference significance。
  The bet365 sportsbook review carrying function is further expanded

First,From the basic functions of bet365 sportsbook review,The content of the easement will become richer in terms of utilization methods as the utilization methods of the object continue to increase,The function of utilizing things will be more powerful,Its complementary role to the legal principle of property rights will also be more significant。Second,The functions of bet365 sportsbook review show a diversified trend,Can be used as a post-incident civil remedy for deviations in town planning and its implementation,It also has the ability to exclude or change adjacent relationships and apply the tort liability system、The function of meeting people’s requirements for diversification and stabilization of land use,Even restrictions on freedom of behavior (mainly reflected in ownership)、The effect of exclusion is inconsistent with the competition law intended to protect market freedom、Contact with debt law。Third,The functional areas of bet365 sportsbook review are constantly expanding: First, the self-healing function of bet365 sportsbook review is specifically reflected in the fields of adjacent relationships and land development;The second is in other fields besides private law,The purpose of establishing bet365 sportsbook review is not to improve pure economic benefits,As a new tool for civil subjects’ life, production and management,And then expand to society、History and Culture、Natural ecology, etc.。Fourth,From the perspective of the actual effect of regulating social life,Easement is an institutional arrangement that facilitates the use of real estate,From an economic point of view, it is an affirmation of the positive-sum game between the two parties,It is an acknowledgment of the common living conditions of the people,From the perspective of social unity, cooperation is also achieved、An institutional arrangement to promote social unity。
Basic structural changes in bet365 sportsbook review、Diversification of basic types and expansion of basic functions are fundamentally derived from its philosophy。From the basic concept,Property law mainly regulates the ownership and use order of things。The free setting of bet365 sportsbook review can not only overcome inefficient land use restrictions,It is also of great significance to protect individual freedom。The dual role of realistic logic and institutional logic,The applicable areas and scope of the easement system have been continuously expanded,Beyond property law itself and have universal applicability,Then it becomes a guiding law application、The legal concept of legal formulation and even related institutional systems。From a rule perspective,An easement is an institutional arrangement for the effective use of one real estate and the use of another real estate。From a principle perspective,The special structure of bet365 sportsbook review can be said to be the best choice for efficient utilization of real estate,While maintaining the rights of the servient landowner,Achieved the goal of making better use of the land required for service。From a conceptual perspective,The easement can be interpreted as follows: if there is profit,The law must facilitate transactions with positive returns,That is, setting up an easement;If there are obstacles in the transaction,The law has the right to intervene,Achieved by coercion,This is also the best choice,Reflects the value orientation of maximizing social welfare。
  Unleash the institutional vitality of bet365 sportsbook review

In short,Whether it is to make the most of things or reduce transaction costs,Whether it is to satisfy the spiritual interests of private subjects or to protect the natural ecological environment with public welfare properties,Whether it is the strong appeal from academia or the rich demand from practice,All put forward new tasks and requirements for the easement system,It will definitely stimulate its inner motivation and glow with a "second spring",In contemporary “revival”,And then express it in legislation。Legislative expression of the "revival" of bet365 sportsbook review,Due to its good scalability and cross-border nature in multiple fields,Can be used in agricultural production and farmer life、Historical culture and ecological environment protection、Represented in the laws of different departments such as commercial order and urban governance。Among them,The provisions of the "Civil Code" are the "mother body" of relevant legal provisions,Is the best vehicle to respond to the "revival" of bet365 sportsbook review。The easement system has many contents,The key lies in the setting method,Because the classification based on the establishment method can dominate other classifications。The "Property Rights Law" only stipulates the form of agreement established by the parties,It is necessary to liberalize the statutory method for establishing bet365 sportsbook review in the "Civil Code Property Rights (Draft)",Leave "interface",Leave room for different types of bet365 sportsbook review under other relevant laws,Unleash the institutional vitality of bet365 sportsbook review。This is also the method with the least difficulty and cost of legislation,Deserves the attention of legislators。
(This article is a phased result bet365 sportsbook review National Rule of Law and Legal Theory Research Project bet365 sportsbook review Ministry of Justice "Land Legal Reform Path for the Implementation of Rural Revitalization Strategy" (18SFB2033)
(The author is a professor at the bet365 sportsbook review School of Guangdong University of Foreign Studies)

Editor: Chang Chang
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