論我國用益物權(quán)體系的拓展.pdf

1、河北經(jīng)貿(mào)大學(xué)碩士學(xué)位論文論我國用益物權(quán)體系的拓展姓名：張哲申請學(xué)位級別：碩士專業(yè)：民商法指導(dǎo)教師：李益民20080501河北經(jīng)貿(mào)大學(xué)碩士學(xué)位論文 IIAbstract Building a scientific and perfect system of usufructuary right is not only the need for developing the socialist market economy and se

2、tting up the socialist harmonious society,but also the necessary step for establishing the legal system that matches the socialism market economy and for constructing Chinese commercial and civil law. This dissertation b

3、ases on current national conditions in china, such as politics, economy and cultural tradition, compared with the relevant legislation abroad , then poins out the limitation of our current system of usufructuary right

4、 and then putts forward proposals and idea for developing it. This article can be divided into four parts. The first part studies the concept of usufructuary right and the basic questions on the systematism. Firstly, i

5、t generalizes the meaning, the charactor and the scope of object of usufructuary right. Secondly, by demonstrating the important status and social function of usufructuary right, this part emphasizes the value of the sy

6、stematism ,then sums up the essential standards of a systematic usufructuary. The second part reaserches the system of usufructuary right in Roman law and in civil law countries. Using the method of historic and comparat

7、ive analysis, the article describs the origin and development of usufructuary right, then generalizes the main characteristics and development trends of it. Based on these, the author concludes the essential request fo

8、r constructing a scientific system of usufructuary right in china. The third part makes a self-criticism on the system of Chinese usufructuary right. It discusses the circumstances of the system of usufructuary right in

9、our country firstly, and then analyses the shortcoming of its. The problem is concentrated on the rigid and closed system, the simple content , some kinds of usufructuary rights be missed . The fourth part putts forward

10、an assumpition in establishing the systerm of Chinese usufructuary right. In the first place, this part analyses the necessity and feasibility to expand our system of usufructuary right. In the second place, on the basi