The institutional change and diversified trend of the right to land for land service

The essence of land service is to adjust the property rights between the two real estate due to economic utilization，The characteristics that have sub -attributes and incompetence。Driven by the needs of social practice，This system structure of land service has gradually emerged as the following changes: first，Expansion of the main body，Including incorporate different rights holders，Number of rights subjects、The legal status changes。This is mainly derived from the evolution of civil law adjustment from all land -centered to land utilization。2，Expansion of the scope of the object。Types of Local Resources Wing、Increased quantity，Expansion to a layered three -dimensional space，Geographical relations have also been widened。This is derived from public land service that can be used for public infrastructure construction and can be used for ecological environmental protection。third，Rich content。This is first manifested from all to use，It is also a manifestation of the development trend of property rights law; secondly manifestation is that attaches importance to both economic and material needs, and attach importance to spiritual enjoyment，I believe it will become an institutional tool that satisfies the people's longing for a better life。Fourth，Right change mode。Want to make the right of the ground for the effectiveness of the world，It is not enough to justify it as property rights，It is also necessary to implement the principle of publicity。

 

The change of the basic structure of the right to land determines the diversified trend of its basic types。The provisions of the types of land service in the "Civil Law Dianlian Rights Compilation (Draft)" are still the continuation of the "Property Law"，But there are shortcomings，It should break through bet365 live casino games the total nature of the type of land service、Single -based regulations，Model of general specifications specified in general exemplary specifications，The establishment method of local service is not limited to the establishment of the parties' agreement; the practice should be summarized，Sort out and discover new types of land service and solidify，If you serve "agriculture and farmers"、Help the right to revitalize the countryside。At the same time，We should also grasp the development and practical needs of the times，Bo Cato Chief，Budging from the new special type of comparison method。In summary，At least five types are worthy of attention and attention。

 

First，Rights of the Gate of Gate。In the collection of integration of service，The place of service and the place of service is the place of demand and the place of service。It can be used as the order of maintaining the residential community、Institutional tools that improve the quality of life of residents，Give play to an important role。2，All rights of the place of service (rights of their own service)。Roman law clearly prohibits the establishment of its own power。Some countries and regions have abandoned this ancient principle，To respond to the economy、The actual needs of social development，This is more of its special real value in my country, which is publicly owned by land -owned land。third，Forced land rights。Forcelessly emphasizes the exclusion of the meaning when it is established，Therefore, it will reduce transaction costs such as negotiations，It is mainly applicable to the field of economic production and people's life。The compulsory characteristics of excluding the intention of the intention are setting up a program、Payment consideration、During the law and change in accordance with the law，Pay more attention to the protection of the people of the supply site。Fourth，Public land service。With the economy、Social bet365 live casino games Development，Traditional land rights limited to private interests are not available，As the new development of the local rights of the traditional private law、Public land service for the purpose of serving public interests came into being.。Low cost at the premise of obtaining real estate ownership when it is established、High efficiency advantages，Public land service can serve both public utilities，You can also serve a specific public，It also has important value for promoting my country's block system reform。Fifth，Save the right to service。The right to save the land is mainly to protect cultivated land、Wetland and other natural resources、Natural ecological environment and society、Historical and Cultural Heritage，Widely used in countries and regions in the United States，Good effect，Protection of permanent basic farmland in my country、The construction of a natural protection system with the national park as the main body and implement the "ecological livability" requirement of the "ecological livability" requirement of the rural revitalization strategy.。

 

　　Local service bearing function further expands

First，From the basic functions of local service，The content of the right of land service will be richer with the continuous increase of things in terms，The function played in the use of things will be more powerful，Its supplementary effect on the legal principle of property rights will also be even more significant。2，The function of the right to play rights presents a diversified trend，It can be used as a post -to -event civil remedy method that can be used as a deviation of urban planning and its execution，At the same time, it also has the application of exclusion or change of adjacent relationships and the system of infringement liability、Meeting the functions of the diversified and stable requirements of the land use form，Even the freedom of behavior of behavior (mainly reflected in ownership)、Effects Bet365 lotto review of exclusion and the competition method of protecting the market freedom of the market、Contact the debt。third，The function of the function of land service continuously expands: First, the self -repair function of the right to power is specifically manifested in the field of adjacent relationships and land development; the other is in other areas outside the private law，The purpose of the setting of land service is improved from simple economic benefits，New tools for the life and production of civil subjects，and then expand to society、History Culture、Natural ecology and other aspects。Fourth，From the perspective of regulating the effectiveness of social life，Land service rights as an institutional arrangement for the use of real estate use，Economically, it is affirmation of the positive and game between the parties between the parties，It is a recognition of the common living conditions of the people，From the perspective of social solidarity, it also achieves cooperation、An institutional arrangement to promote social solidarity。

 

Basic structural changes in the right to land service、Basic types of diversification and basic functional expansion are fundamentally derived from its concept。From the perspective of basic concepts，The ownership and utilization order of the main specifications of the property law。The free setting of the right of land service can not only overcome the inefficient land use restrictions，And it is also important to protect the freedom of the individual。Dual effects of real logic and institutional logic，The applicable area and scope of the application of the rights system continuously expand，Beyond the property law itself is universal，and then become a guidance law、Legal concepts of legal formulation and even related institutional systems。From the perspective of the rules，Earth service right is an institutional arrangement that uses the other real property to effectively use one real estate。From the perspective of principle，The special structure of the power of land can be said to be the best choice for the efficient use of real estate，Not only maintains the right of the provider of the service location，It has achieved the goal of better use of the place Bet365 lotto review of service。From the perspective of concept，Land service can be interpreted as follows: If there is benefits，Laws must promote transactions with positive income，Set the right to settle; if the transaction is obstacle，Law has the right to intervene，Realize it through mandatory means，This is also the best choice，The value orientation of the maximization of social welfare。

 

　　The institutional bet365 live casino games vitality of the release of the right to the land

In short，Whether it is promoted or reduced transaction costs，Whether it is the mental interest of the private subject or the natural ecological environment that protects the attributes of public welfare，Whether it is a strong appeal in the academic community or the rich needs of practice，Both put forward new tasks and requirements for the right to land service，It will definitely stimulate its internal motivation and rejuvenate "Second Spring"，In the contemporary "revival"，and then expressed presence in legislation。Legislative expression of "revival" of the right to land，Due to its good scalability and cross -borderability of multiple fields，You can live in agricultural production and peasant life、Historical culture and ecological environmental protection、Different departments such as commercial order and urban governance。Where，The provisions of the "Civil Code" are the "mother" stipulated in relevant laws，The best carrier of response to the "revival" of the local service。There are many institutions of land service rights，The key is the establishment method，Due to the classification of the establishment method, you can lead other categories。The "Property Law" only stipulates the intention of the party's agreement，"Civil Law Dianli Rights (Draft)" It is necessary to liberate the statutory method established by the ground for the right of the ground，Leave "Interface"，Thinking that other relevant laws stipulate different types of land rights to leave space，The institutional bet365 live casino games vitality of the release of the right to the land。This is also the method with the least legislative difficulty and legislative cost，It is worth the attention of legislators。

 

(This article is the "Land Legal Reform Path" (18sfb2033) in the State Rule of Law and Law Theory Research Project of the Ministry of Justice of the Ministry of Justice of the Ministry of Justice)

 

(The author is a professor at the School of Law School of Guangdong Foreign Trade University)