我国用益物权体系基本概念研究--兼评《物权法征求意见稿》规定之不足

物权立法需要人人献计献策,以确保未来法典的优秀品格,用益物权体系是设计的重点.本着这种想法,本文检讨我国现行法的有关规定和学者意见,评论<物权法征求意见稿>的若干条文,认为应当建立以基地权、农地权、邻地权以及空间权为框架的用益物权体系.

On the Study of the Basic Concept of the Real Right of Enjoyment System--Comment on the defections of the draft of Real Right Law

The legislation of real right calls on great minds and various strategies in order to make sure it is all-around and practical in the future. And Real Right Enjoyment plays key role in the whole process of legislation. Based on such idea, this article makes a tentative comment on the current regulations and the opinions of some scholars, and at the same time points out that a set of framework about the Real Right of Enjoyment should be set up so as to meet the need of the development of China.