I. Economic Law:
1. Discussion of the legal status of enterprise groups
2. Discussion of anti-monopoly issues of enterprise groups
3. Discussion of the legal issues of mergers and acquisitions
4. Discussion of the tax issues of foreign-invested enterprises in China
5. Discussion of the legislation of free-trade zones in China
6. Discussion on the legislation of free trade zones in China
6. Discussion on the legal issues of compensated use of land in Pudong New Area
7. Exploration on the legal issues of utilizing foreign government loans in the development of Pudong
8. Discussion on the issues of tax guarantees
9. Legal countermeasures to anti-avoidance of tax
10. Discussion on the issues of export tax rebate
11. Discussion on the issues of social insurance tax
12. Discussion on Issues of Social Insurance Tax
12. Discussion on Issues of Securities Taxation
13. Legal Countermeasures for Strengthening the Management of Securities Market
14. Discussion on Relevant Issues in the Legislation on Asset Appraisal
15. Discussion on Certain Legal Issues on the Management of Foreign-funded Banks and Sino-foreign Joint Venture Banks
16. Exploration of Legal Problems of Foreign Land Leases
17. Discussion on the Legislation of Export Processing Zone in China
18. Discussion on the Establishment of Anti-Dumping Legal System in China
19. Discussion on the Checking of Accounts in the Case of Economic Crimes
20. Discussion on the Legal Status and Role of Audit Institutions
21. Discussion on the Legal System of Pension Insurance in China
22. Discussion on Some Legal Issues of China's Legal System of Labor Insurance
22. Problems
23. Legal Thoughts on Improving China's Labor Dispute Handling Procedures
24. Thoughts on Further Improving China's Legal System of Labor Contracts
25. Thoughts on Strengthening and Improving China's Environmental Legislation
26. Thoughts on Strengthening and Improving China's Environmental Law Enforcement
27. Legal Measures for Establishment of China's Technological Development Zones
28.
28. Discussion on Some Legal Issues of Unfair Competition in the Sale of Goods
29. Discussion on Some Legal Issues of Futures Legislation
30. Discussion on Legal Protection of Consumers' Legitimate Rights and Interests
31. Discussion on the Necessity of Anti-surfing Legislation
32. Legal Reflections on the Problem of Land Use Right
33. Research on the Legal System of Real Estate Market Regulation
34. Initial Exploration of China's Investment Legislation
2. Commercial Law:
1. On the Principle of Organization and Management of Joint Stock Company
2. On the Legal Regulation of One-Person Company
3. On the System of Transfer of Equity in Limited Liability Company
4. The System of Denial of Company's Legal Personality Exploration
5. On the System of Shareholders' Representative Litigation
6. On the Legal Status of the Company in Establishment
7. On the System of Defective Establishment of the Company
8. On the System of Internal Supervision of the Company
9. On the Obligations and Responsibilities of Controlling Shareholders
10. On the Legal Regulation of Connected Transactions
11. On the System of Share Repurchase of a Company
12. On the System of Share Repurchase of a Limited Liability Company
13. Share Repurchase System
12. On the Function of Insurance
--A Comparison with the Function of Tort Damages
13. On Subrogation Claims in Insurance Contracts
14. On Legal Supervision of Cash Utilization in Insurance Industry
15. On Compulsory Insurance System
16. On Legal Problems of Insurance Premiums Management
17. A Preliminary Study
17. On Consumer Insurance Contracts
18. On Guarantees for Credit Contracts
19. On the Discussion of Certain Legal Issues of Joint-Stock Cooperative Enterprises
20. On the Protection of the Interests of Bona Fide Third Parties in the Bills System
21. On Improvement of China's Insolvency System
22. On the Insolvency System of Natural Persons
3. p>
III. Civil Law Class?
1. On the Civil Law Protection of the Interests of the Fetus
2. Legal Reflections on the Improvement of China's Guardianship System
3. On the Nature and Effectiveness of Ultra-authoritarian Acts of Legal Persons
--A Comment on Article 10 of Judicial Interpretation of China's Contract Law
4. On the Legal Status of the Cadaver
--A Comment on China's Cadaveric Body and Its Organ Donation and Transplantation Legislation
5. On the Institutional Value of Apparent Representation
6. Analysis of the Nature of Personality Rights--An Appraisal of the Provisions on Personality Rights in China's Draft Civil Law
7. On the Legal Protection of Online Privacy
8. Reflections on the "Borrowing of Abdomen for Childbirth "Reflections on the Right to Know
-- On the Right to Body in Civil Law
9. The Right to Reputation
-- On the Legal Protection of the Reputation of the Deceased
10. The Conflict and Harmony between the Right to Privacy and the Right to Know
11. The Registration of Advance Notice of the Right of Property in Real Property and Its Value
12. A Preliminary Study on Subordinate Registration of Real Property Rights and Its Value
13. On the Principle of Public Trust and the Protection of the Interests of the Third Party
14. A Brief Discussion on the System of Distinctive Ownership of Buildings
15. A Brief Discussion on the Nature and Effectiveness of the Property Management Contract
16. A Comparative Study of the Rules of Addition and its Related Rules
17. Comparative study of the rules of addition and its related rules
18. On the transfer of rural land contract management rights in China
19. Trial on the mortgage of commercial properties and its effectiveness
20. Preliminary study on the legal issues of pre-sale of commercial properties
21. Some thoughts on the mortgage of construction works in progress
22. ***same as the mortgage and its effectiveness of the exploration
23. The establishment and effectiveness of the maximum mortgage
22. The nature and effect of the contract of administration of the maximum amount
23. Creation and Effectiveness of Maximum Mortgage
24. Creation of Pledge of Shares and Realization of its Effectiveness
25. Comparative Study on Mortgage and Concessionary Guarantee System of Commodity Properties
26. On the Effectiveness of Subrogation Right: Commenting on Article 20 of Judicial Interpretation of the Supreme Court
27. Study on the Integration of China's Subrogation Right and Subrogation Right Enforcement System
28. Study on the Integration of Creditors' Right of Avoidance and the Right of Avoidance in Bankruptcy Law
29. Analysis of Good Faith in the Elements of Creditors' Right of Avoidance
30. On the Invalidity of the Guarantee Contract and the Assumption of Its Liability
31. Experimental Discussion on Competing Security Rights and Guarantees
32. On the Nature and Effectiveness of the Reward Advertisements
33. Analysis of Reliance on Benefit Compensation for Damages for Reliance Interests
34. Disposal of Contracts without Right: Article 51 of the Contract Law
35. A Comparative Study of the Legal Consequences of Contract Modification and Contract Dissolution
36. Anticipatory Liability for Breach of Contracts
-and the Difference between Anticipatory Liability and Uneasy Defenses
37. Definition of Damages for Breach of Contracts
38. On the Rule of Foreseeability and its Role in Damages for Breach of Contract
39. On the Seller's Responsibility for Defects
40. On the Nature and Effectiveness of Subletting
41. On the Materialization of Leasehold and its Jurisprudential Rationale
42. On the Pre-emption Right of the Tenant of the Premises
43. On the Attribution of the Additions on the Leasehold
44. On the Role of the Leasehold
45. Attribution
44. Analysis of Statutory Mortgage in Construction Contracts
--An Appraisal of the Relevant Judicial Interpretation of the Supreme People's Court
45. Safety Protection Obligations of the Carrier in the Contract of Passenger Transportation
46. Exploration of Liability Assumption in the Contract of Intermodal Transportation of Cargoes
47. Claims to Remuneration for Righteous Acts of Bravery
--From the Improvement of Causeless Management to the Right to Request for Remuneration
48. >-From the Improvement of Relevant Provisions on Causeless Management
48. Analysis of Employer's Liability
49. Insurance and Compensation for Civil Liability in Traffic Accidents
50. Coordination of Medical Risk Prevention and Damage Compensation
51. Experimental Study on Definition of the Scope of Tort Compensation for Damages
52. Legislative Defects of China's Mental Damages System and its Improvement
53. Improvement
53. Briefly discussing the legal nature of the separation of property and its effect
54. Legal considerations on some issues in the bequest and support agreement
55. On the legal protection of the right to privacy
56. On the legal protection of the right to personality
57. Analyzing the foreseeable rule of the liability for breach of contract
58. On the construction of the marriage nullity system of China
59. On the legal protection of the right to privacy
60. On the Construction of Marriage Annulment System
59. Exploration of Divorce Damage Compensation System
60. An Analysis of the Moral Damage Compensation System
61. Exploration of the Problems of Internet Music Copyright
62. On the Protection of Intellectual Property Rights of Geographic Indications
63. An Experimental Study on the Legal Protection of Computer Software
64. A Brief Introduction of "Well-Known Trademarks"
64. "Legal Protection of Well-Known Trademarks
65. The Principle of Exhaustion of Distribution Rights
66. Copyright Restriction System in Network Environment
67. Freedom of Speech on the Internet and Its Legal Regulation
68. Analysis of Tortious Liability of Internet Service Providers
69. Copyright Protection in Network Environment
4. Litigation Law:
1. On the Inadequacy and Improvement of China's Existing Trial Level System
2. On the Reform and Development of China's Civil Evidence System
3. Trial Analysis of the Third Party System in Civil Litigation
4. "Trap Depositions Exploration of Legal Issues Raised by "Trap Depositions"
5. Pros and Cons of Trial Supervision Procedures
6. Exploration of Legal Issues Raised by "Small Consumer Litigation"
7. Protection of Public Interest Litigations by Legislation
8. Exploration of Civil Litigation Preservation System
9. Defense in Civil Litigation
10. Exploration of Some Problems in Territorial Jurisdiction
11. Exploration of the Problem of Obstruction of Proof
12. Exploration of the Judicial Review System of the Abstract Administrative Acts
13. An Introduction to the System of Administrative Hearings
14. On the Judicial Review of Administrative Procedure
15. An Experimental Discussion of the Right to Judicial Modification in Administrative Proceedings
16. On the Judicial Power of Change in Administrative Litigation
16. On the Burden of Proof in Administrative Litigation
17. On the Reform of the Jury System in Civil Litigation
18. On the Improvement of the Mediation Procedure System in Civil Litigation
19. On the *** Co-litigants in Estate Inheritance
20. On the Analysis of the Provenance and the Contrary Evidence in Civil Litigation
21. On the People's Procuratorate's Judicial Review System
22. p>21. Discussion on Some Issues Concerning the People's Procuratorate's Resistance to Prosecution
22. Discussion on Supervisory Mechanisms in Criminal Proceedings
23. Discussion on Reforms of the Trial System in Criminal Proceedings in China
24. Discussion on the Position and Role of Lawyers in the Investigative Stage
25. Discussion on the Requirements of Proof and the Standard of Proof in the Criminal Proceedings in Various Stages of the Proceedings
26. Exploration of the Evidence Disclosure System in Criminal Proceedings
27. Exploration of the Witness System in China's Criminal Proceedings
28. Study on the Right of Silence
29. Attempt to Discuss the Proof Effectiveness of Illegal Evidence
V. Criminal Law:
1. On the Crimes of Special Subjects
2. On the Crimes of Misappropriation of Public Funds
3. On the Principle of Presumption of Innocence in China's Criminal Justice
4. Application and Insufficiency of the Principle of Presumption of Innocence in China's Criminal Justice
4. On the Principle of Criminal Law Statute
5. Comparison of Commercial Bribery Offense and Bribery Offense of State Officials
6. A Brief Discussion on the Justified Promotional Means and the Bribery Offense
7. Euthanasia Issue Probed
8. "Illegal Business Operation Crime "
9. Problems of Cybercrime
10. Problems of New Types of Financial Crimes
11. On the Crime of Infringing on Trade Secrets
12. Study on Criminal Responsibility for Minors' Crimes
13. On the Aggravated Offenses of Results in China's Criminal Law
14. On the Crime of Inaction
14. Crime
15. The Confirmation of the Amount of Crime in Stock Bribery Cases
16. The Determination of Surrender and the Application of Penalties
17. The Improvement of China's Parole System
18. The Resulting Offenders and Their Patterns
19. The Deficiencies and Improvement of China's System of Concurrent Offenses and Punishments
20. The Capital Punishment Exploration of the existence and abolition of the death penalty
21. Discussion on the improvement of the penalty system in China
22. Discussion on the criminal responsibility of mentally ill persons and its legal application
23. Exploration on the problem of crimes committed by migrant populations
Sixth, Constitutional Law, Administrative Law, Jurisprudence, History of Law, and International Law:
1. An experimental study on the basic principles of Roman Law and their influence
2.2. Analysis of modern Chinese constitutional legislation
3. On Shen Jiaben's revision of the law and the establishment of China's modern legal system
4. Trial analysis of the Confucianization of law in the Han Dynasty
5. On the monarchical, patriarchal, and matrimonial power and the law in ancient China
6. Talk about the absence of lawsuits and the settlement of lawsuits
7. On the conflict and adjustment between law and morality
8. On Legal Professionalization and Judicial Reform
9. Exploring the Causes of Administrative Law Enforcement Difficulties
10. Reflections on Reforming and Improving China's Constitutional Supervisory System
11. On the Construction of the Constitutional Litigation System
12. Exploring China's Judicialization of the Constitution
13. Exploring the System of Judicial Review
14. Exploring the Issue of Legal Transplantation
14. Exploration of the Problems
15. On the Zeitgeist of Law
16. On Sovereign Immunity of the State
17. Exploration of the International Dispute Settlement Mechanism of the WTO
18. Pilot Analysis of the Legal System of the World Trade Organization
19. Legal Reflections on the Antidumping Legislation and its Application
20. On the System of Reservation of the Public **** in Private International Law
21. Order Reservation System
21. An Experimental Approach to Choice of Law in Private International Law
22. On the Settlement of Conflicts of Jurisdiction in International Civil and Commercial Cases
23. On the Application of Law to Foreign-Contractual Relationships in China
Contemporary Developments in the Theory of Ownership of Roman Law
Three Contemporary Developments in the Theory of Ownership and the Doctrine of One Thing and One Right
Any sudden change in the legal system will make the established institutional system is impacted and challenged, because the absolute ownership of separation and fission and directly affected by the impact and challenge is the civil law system of property rights system of the principle of one thing, one right. In this change, there is no lack of scholars to question the principle of one right in rem, that the original meaning of one right in rem is only one ownership over a thing, therefore, since the creation of usufruct and security rights, especially the modern building ownership, there may be more than one right in rem, or even more than one ownership of any one immovable property. The principle of one right in one property may have been necessary historically, but it is now completely obsolete. Moreover, as a concept of jurisprudence, the principle of monoproperty is not only unscientific but also often misleading in practice. Therefore, it should be abolished. There are also scholars standing on the relative position to negate the dual ownership as the basis for resolutely defending the principle of one right in rem, that the modern civil law ownership system chose the model of Roman law, but not the model of Germanic law, that is, from the medieval dual ownership in Western Europe to the capitalist era of one right in rem is the destruction of human society to the status hierarchy of the feudal system to remove the property of feudal identity important effort made by human society to destroy the feudal system characterized by status hierarchy to remove the bondage on property. If we recognize dual ownership today, we will revive the system or concept of ownership that is identity-based. Once such a dualistic ownership system is established, the existing ownership system will lose its logical support and even collapse as a result of the dismemberment of ownership. Without the spirit of one thing, one right of property is never the civil law system of property rights, deny one thing, one right, that is, deny the concept of property rights, property rights system itself. Of course, there are scholars take a compromise attitude, that shareholders and the company's two forms of ownership of the separation is based on the existence of the company, the company may be terminated due to legal reasons, once the termination of the separation of rights based on the loss of liquidation of property to return to the shareholders, so that the ownership of the power of the shareholders to return to the shareholders, the return of this kind of ownership of the elasticity of the manifestation of the elasticity of the return. Therefore, the existence of multiple ownership and the doctrine of one thing and one right is not contradictory, in the legal person during the coexistence of the two ownership is only one thing and one right of the exceptional phenomenon and special forms of expression.
The author believes that, from the point of view of the trajectory of the development of the ownership of civil law, it did experience from the double ownership of the Germanic law to the Roman law of the absolute exclusion of the ownership of the course of change, and indeed through the establishment of the ownership of the system of the abolition of the feudal identity relations of the bondage, and to promote the ownership of the human nature and freedom. However, if this is used as an argument to conclude that "the recognition of dual ownership will revive the ownership system or concept of identity", it is a retrogression in history, which in fact cannot be justified without the necessary preconditions. Because the division and fragmentation of absolute ownership is not caused by feudal identity relations, nor is it the result of the bondage of feudal identity relations; on the contrary, it is the free expression of the rights of the absolute owner, which indicates that the status of all parties to the subject of ownership based on the contractual relationship and each of them has its own role is completely equal and is not subject to any identity relations, and it is not in any way a simple reversion to the feudal system of ownership. Affirmation of the free division of ownership of this globalization of the development trend is not a regression of the legal system, but the legal system forward.
The right to property is exclusive, which is the essence of the property law, otherwise, the property law will not be called the property law. However, the exclusivity of property rights is not absolute, but relative. The coexistence of ownership and usufruct on the same thing, the coexistence of ownership and security rights, the contemporary development of the theory of ownership of Roman law, the coexistence of security rights and usufruct, as well as the coexistence of security rights and the security rights is the best example of compatibility - the right of property with the dual attributes of exclusivity and compatibility. If one-sidedly exaggerate the exclusivity of property rights, but deny the compatibility of property rights, the same as the denial of the exclusivity of property rights, will make the carefully constructed and designed civil law system of property rights suffered a devastating disaster. After the division and the existence of multiple ownership in the same object has the same exclusivity and compatibility, compatibility determines the existence of multiple ownership of a thing, retention-of-title sale, in the sale of the subject matter of the existence of the seller's legal title and the buyer's intentional ownership of the ownership of the compatibility of ownership; and exclusivity determines that there can be no conflicting nature of the two ownership rights in the same object, the seller Retained legal title can only be the seller all, in the same seller, there can be no more than two retained legal title, similarly, in the same seller can not exist more than two intentional ownership. The exclusivity and compatibility of rights in rem are opposites, but they are interdependent and complementary, and their unity constitutes the complete attribute of rights in rem. Therefore, as long as we still insist on the exclusivity of the right of property, although recognizing the compatibility of the right of property, and recognizing that there can be dual ownership of the same thing, reflecting the exclusivity of the principle of one thing, one right can still occupy a heavy position in the law of property. In other words, the recognition of dual ownership and the defense of one thing and one right is not a fundamental conflict, there is no need to talk about the fear of fear and trepidation.
The core content of the principle of one right in rem is that there can only be one ownership on one thing, and the contemporary development and change of ownership and adhere to the principle of one right in rem, which is an important issue in front of us. There should be two different solutions, one, on the basis of maintaining the original concept of one right in rem, dual ownership is explained as an exception or special performance of one right in rem; Second, in the context of modern law for one right in rem to be a new interpretation. Scholars at home and abroad in the interpretation of the principle of law is quite *** knowledge: "the principle of law is a comprehensive, stable principles and norms can be used as the basis or source of many legal rules", the principle of law "is the most centralized embodiment of the spirit of the law, is the principle of the legal system and the mechanism. " No rule, system and norm can be contrary to the spirit of legal principles, therefore, legal principles are the legislative guidelines that govern and guide the systems, rules and norms. "Principles may be in conflict with each other, so they carry weight, that is, conflicting principles must be weighed and balanced against each other." Each principle has its own value and the value it seeks to achieve, and when the application of different principles to a specific case will have different results, there is a need to balance and weigh the different principles and apply the one with the greatest value. Principles can conflict with each other or weigh each other, but there can be no exceptions under the principle, otherwise, the legal principle is not called the most centralized embodiment of the spirit of law, nor is it called the legal system, legal rules and legal norms play a commanding and guiding role in the legislative policy. As the basic principle of civil law, the principle of good faith, if there is an exception or a special form of expression, it is difficult to imagine what kind of exception or what kind of special form of expression it should be. Since the principle of "one property, one right" as the basic principle of property law, the same should not have exceptions. Obviously, the first approach to solving the problem, although the intention is to solve the contradiction, but will be trapped in a new contradiction. Taiwan scholar Mr. HuangMaoRong talk about the concept of the evolution of the German scholars famous sentence as an argument: "the law must be evolved with the passage of time, in order to be able to comply with the passage of time and change of society, should be undoubtedly. As a result, the concepts constituting legal provisions, since the same as the law often have a historical time structure, must evolve with the changes of history." [41] "There is no one legal concept, in dogma is completely unchanged", [42] the development and evolution of the ownership system of modern law, so that one thing, one right and other concepts in the law of property will also be bound to change, so that the second approach seems to be the most logical.
Chinese and foreign scholars on the definition of one thing one right, the text of the more or less different, but on the connotation of its revelation can be summarized in one sentence: a thing on top of the existence of only one ownership rights, can not exist at the same time more than two content, the nature of the conflicting right of other property. [43] in fact, we do not need to waste too many words, as long as the "content, nature of the conflicting" modifier in a more accurate position, the traditional concept of one thing, one right will have a considerable change: in a thing can not exist more than two content, nature of the mutually exclusive right in rem. This concept has a two-fold meaning:1 a thing can exist on more than one right in rem, including a thing can exist on two ownership, ownership and other rights in rem, or ownership and a number of other rights in rem. That is to say, rights in rem can compete, provided that the various rights in rem are inclusive of each other, can be peaceful ****. However, inclusiveness is temporary, not permanent. When the potential exclusivity of property rights finally could not resist the inclusiveness of property rights from the bone into the hair, competing property rights will occur in the fierce conflict of life and death, the means of resolving the conflict is inherent in the property rights, or the law of the priority of the effect of the latter. The value of the priority of the right of property exclusivity instead of the compatibility of the right of property in the change, the change also creates the priority of the right of property; of course, the ownership of the right of property (the mother right) and from the ownership of the right of other property rights, or from the ownership of the ownership of its own sense of the ownership of the right of property (child right)[44] and the priority of the dissolution of the competing rights of property has nothing to do with the priority of the right of property by the child right ultimately to the mother to the return of the nature of the right of the mother. 2. Rights in rem which are mutually exclusive in nature or content, i.e. there can be only one incompatible right in rem over a thing, including ownership and other rights in rem. This is the essence of the principle of "one right over one thing", and it is the exclusivity of property rights that makes it universally applicable. Any right in rem as long as the natural exclusivity between each other, it is impossible to compete in the same thing, a right in a real thing on the generation of another repugnant right can not be generated from the outset: obtaining possession of the pledge to achieve the right of the pledge, not to obtain the possession of the right of the pledge can not be achieved. Of course, the transfer of the pledge can generate another pledge right, but the transfer of the pledge right must be based on the effective existence of the original pledge right as a prerequisite, dependent on the existence of the original pledge right, the original pledge right is eliminated, the transfer of the right to eliminate, the transfer of the right to the original pledge right is actually a derivative of the original right to the original right to the original right to the original right and the transfer of the right to the pledge and is not an independent right to the pledge. In a retention-of-title sale, once the seller delivers the subject matter to the buyer, the buyer's beneficial ownership right arises, and it is not possible for another beneficial ownership right to exist in the same subject matter at the same time. If, in the meantime, a second beneficial ownership is established as a result of the seller's double sale or the buyer's transfer of its beneficial ownership to another person, the original beneficial ownership is extinguished at the time of the establishment of the second beneficial ownership.[45] This is the case when the seller delivers the subject matter to the buyer and the buyer's beneficial ownership is established. [This natural exclusion stems from the homogeneity of the nature and content of the right to property, which is known as "homogeneous exclusion". Canonical right can coexist with mortgage, but not with another canonical right, because two canonical right with the same possession as the element, and has the same use, income content. Similarly, the legal title based on trust relationship can coexist with the beneficiary's beneficial ownership, but the trust property can never create another legal title with the same content. In short, no matter how the development of the ownership system will bring about changes in ownership, and even the entire property rights system, the principle of one property, one right is indisputable.
Note:
Yin Tian: "On the Principle of One Right for One Thing and Its Conflict with the Theory of 'Dual Ownership'", in Essence of Chinese Civil Law, Volume 2003, Mechanical Industry Press, 2004 Edition, p.
241.
See Wang Liming: Research on Civil and Commercial Law, 2nd series, Law Press, 2001 edition, p. 278.
[U.S.] Thomas C. Gray: On the dissolution of the right to property, Gaoxin Jun translation, "Comparison of economic and social systems" 1994, No. 5.
See Ouyang Kou:Ownership in the Light of Human Nature, Master's Thesis of Civil and Commercial Law, Jilin University, 2004, p. 4.
Chen Huabin: Foreign Property Law, Law Press 2004, p. 9.
See [5], Chen Huabin, p. 11.
Mei Xiaying: < the development of contemporary property and the reshaping of the property rights system, edited by Wang Liming: Civil and Commercial Law Frontier Forum, People's Court Press, 2004 edition, page 80.
See [5], Chen Huabin, page 11.
See supra [7], Mei Xia English, p. 80.
Op. cit. [2], Wang Liming, p. 286.
Op. cit. [5], Chen Huabin, pp. 9 ff.
See supra [2], Wang Liming, p. 289.
See [5], cited above, Chen Huabin, pp. 16ff.
Xiao Houguo: The Rise and Decline of Ownership, Shandong People's Publishing House, 2003 edition, p. 35.
See [British] Adam? Smith: The Wealth of Nations, Volume II, translated by Guo Dali and Wang Yannan, Commercial Press, 1995 edition, pp. 1ff.
GottfriedDietze, InfnseofproPer, ThejohnsHOpkinsPress, 1971, p. 126.
See Japanese] My Tsuma Ei: The Law of Property, Iwanami Shoten, 1995 edition, p. 2, cited in the previous quote [2], Wang Liming book, p. 294.
Song Gang: "The Independence of Trust Property and Its Guarantee Significance - From the Perspective of Liability Property in the Civil Law System", Tsinghua University, Doctor of Laws Dissertation, 2005.
Hsieh Chieh-Sheng: "The Development of Property Law in Taiwan", Property Law and Economic Law, No. 2, 2005.
In his doctoral dissertation, Shen Satellite discussed in detail the various forms of retention of title. Simple retention of title means that the seller delivers the subject matter to the buyer, and until the buyer pays the price of that particular subject matter, ownership of that subject matter is still retained by the seller, and the object of its retention of title is limited to the particular subject matter in its possession under the present contract; in extended retention of title, the buyer does not purchase the subject matter for consumption or for its own use, but rather for the purpose of resale of the subject matter to another person or for processing, adding to, and then reproducing the subject matter. Processing, additions and then sold, in order to ensure that the seller's price claim, the seller's retention of title object can be extended to the buyer's resale proceeds or processed goods. In an extended retention of title, the buyer does not acquire title to the subject matter until the price is fully paid, and the buyer has the right to dispose of the subject matter until the full price is delivered. Extended retention of title refers to a system in which the parties agree that the buyer may acquire ownership of the subject matter only after the buyer has satisfied not only the full price, but also debts incurred or to be incurred by the seller and the buyer on the basis of other business. See Shen satellite: "anticipation right theory research", China University of Political Science and Law 2001 doctoral dissertation, page 68 below.
Shen Daming: French/German Security Law, China Law Press, 2000 edition, page 148.
See [20], Shen satellite text, page 51.
Cited in [2], Shen satellite text, p. 91.
Cited in Liu Dekuan: Civil Law Issues and New Prospects, Wunan Book Publishing Company, 1995 edition, page 7.
The author once claimed that there is a double ownership in the retention of title, the seller retained is not beneficial ownership, only in the buyer did not deliver the price in accordance with the agreement, this ownership has meaning, become the seller's ownership of the right to claim the right of return; the buyer to their own all the meaning of the right to possess, the use of the subject matter of the ownership is the true meaning of the ownership, but this ownership In the buyer fails to deliver the price according to the agreement to terminate it. Therefore, we can learn from the experience of common law, the two kinds of ownership are called to retrieve the ownership and conditional ownership. See Ma Xinyan: Research on the Real Ownership of Land in American Property Law, China Law Journal, No. 4, 2001.
Wang Liming:On the Dual Structure of Corporate Ownership, op. cit. [2], Wang Liming, p. 78.
Preceding [l], Yin Tian, pp. 249 ff.
Prof. Mei Xiaying in his paper "The Development of Contemporary Property and the Remodeling of the Property Rights System" also argues that: "A legal person can enjoy all the powers included in ownership, but it is not ownership in the strict sense. Because ownership is a description of an individual's rights and obligations with respect to the object itself, the legal person, as a legally constructed entity, is itself a concept of a group, and this legal subject formed by group possession is itself contrary to the individualistic metaphor of 'absolute ownership'". See supra [7], Mercial English, p. 82.
Op. cit. [7], Mercial English, p. 84.
Take retention of title as an example, if the buyer fails to pay the price according to the agreement, its ownership right is terminated and returned to the seller, and the seller's ownership right is transformed from a legal ownership right to an ownership right in the full sense of the word, and it has the right to claim from the buyer a claim for the return of all the things; if the buyer pays the price according to the agreement, once the price has been delivered, the seller's legal ownership right terminates on its own, and the buyer's ownership right transforms into an ownership right in the full state. The buyer's ownership is transformed into the ownership of the state of perfection.
Op. cit. [1], Yin Tian, p. 252.121 Jurisprudence Research 2006, No. 1 The result of this abstract ownership".
GyorgyDiosdi, nersnPinAneetanre a classcazRomaLaw, pp. 135, 133, 134. cited in op. cit. [2], Li-Ming Wang, p. 275.
Fu Jingkun: "on the historical development of the theory of contract in the United States," Foreign Law Translation Review 1 d5, No. 1.
Sun Xianzhong: The Principles of Chinese Property Law, Law Press, 2004 edition, page 142.
The foregoing [1], Yin Tianwen, page 249; Meng Qinguo: Theory of Dual Structure of Property Rights. People's Court Press, 2002 edition, p. 104.
See supra [2], Wang Liming, p. 79.
Zhang Wenxian edited: Jurisprudence, Law Press, 1997 edition, page 71, page 72.
Ibid
See Liang Huixing:The General Theory of Civil Law, Law Press, 1996 edition, page 40.
Michael D. Bayless: (Principles of Law-An Analysis of a Norm, translated by Zhang Wenxian et al, Encyclopedia of China Publishing House, 19% edition, p. 13.
[41]Laren:, Meth记enlehrede:Reehtswissenschaft,3.Aufl.1975，5.124f;GerhartHusserl,Reehtundzeit,1955,s一off.,, as cited in Huang Maorong:《Juridical Methods and Modern Civil Law》. China University of Political Science and Law Press, 2001 edition, p. 83.
[42] cited [41], Huang Maorong book, p. 83.
[43]As the Japanese scholar Kawashima Takei said: one thing, one right is that the object of a right in rem is only an independent physical object, in the same object on which there can not exist two or more than two independent right in rem, in particular, can not establish more than two ownership. Our scholars also have the same expression, one thing, one right principle refers to a thing can only set up an ownership; A thing shall not set up more than two conflicting content of other property rights. See Wang Liming: Property Law Research, People's University of China Press, 2002 edition, page 82.
[44] For the sake of convenience, we will refer to the ownership as the mother's right, and the property right generated after separation or division as the child's right.
[45]Beneficial ownership refers to ownership that does not have the legal liability of ownership, but has the essential attributes of ownership, also known as ownership in the substantive sense, or substantive ownership, and the corresponding equitable ownership in common law. Corresponding to this is the legal title, refers to the legal publicity by way of characterization of ownership, also known as the legal title, or formal title, the corresponding common law in the common law ownership.