Law School, Yangzhou University

扬州大学法学院

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Professor Fang Shaokun Made an Academic Report

  On the afternoon of April 26 in 2019,at the invitation of Law School of Yangzhou University,Professor Fang Shaokun,a special professor of"Yangtze River Scholars"of Jilin University,came to our college to make an academic report entitled"Problems Existing in the Compilation of Property Rights in Civil Code".

  This report is one of the series lectures of"Shengwang Forum on the Rule of Law",presided over by Vice President Li Yunbo of our school.More than 200 people,including some teachers,undergraduate students,graduate students and young lawyers of Jiangsu Shengwang Law firm,listened to the report.

  Professor Fang Shaokun elaborated on four problems in the Property Rights of Civil Code:the uncoordinated legal system,the unsmooth system connection,the wrong system design and the omission of important system.

  First of all,Professor Fang analyzed the disharmony of the legal system from three aspects:the coordination between the property rights and other laws,the coordination between the propertyrights and other rights,and the coordination within the property rights.Taking the relationship with the Constitution as an example,it is pointed out that the provisions of the title of real right directly copy the provisions of the Constitution,resulting in the reduction of constitutional status.At the same time,there are many articles with no substantive significance.

  Next,Professor Fang further pointed out that the system of property rights is not smooth.The legislative technology is not in place,which leads to the failure to implement the legal matters mentioned in the real rights.And the typical problem is that the time limit onconstruction land right of use has not been implemented.On the issue of the expiration of the right to use construction land,Professor Fang also put forward his own views.

  Then,Professor Fang tookthe 36th article of the Property Law as an example to explain the existence of the system design error.The repair,remaking,replacement or restitution in article 36 of the Property Law is more like the content of Contract Law.The provisions are not very appropriate in the compilation of property rights.At the same time,the ownership subject is not certain in the article of accretion property.

  Finally,as to the omission of the important system,Professor Fang mentioned that the acquisitive prescription of property rights is not drawn up and cannot be connected with civil litigation system.At the same time,the right to claim first and inherit reply is not clearly stipulated in the property rights.Whether to adopt transferism or declarism in the division of community of possessions is a question worth thinking about.

  Professor Fang Shaokun devotes himself to academic researches and makes great contributions to CcivilCode of our country,especially to the perfection of property rights compilation.

  During the interactive communication,the students enthusiastically asked questions about the loosening of the legal basis of property rights.Professor Fang made professional answers for the students one by one.

  Professor Fang's lecture is easy to understand,funny and humorous,and vividly and concretely introduces the problems existing in the drafting of property rights,which brings great enlightenment to everyone.

  Finally,Vice Premier Li Yunbo summarized the report briefly.The two-hour report ended with warm applause.