| Summary: | 碩士 === 玄奘大學 === 法律學系碩士班 === 99 === This study would compare the usufruct at the Real Right Law of China and the Civil Code of Taiwan certainly regardless with the political ideology, and try to find out the double-win solution for the people from both sides under the more complicated economic activities after direct air links and ECFA took effect, between Taiwan and China. Taiwan Civil Code-Rights In Rem promulgated on November 30, 1929 has lasted for 80 years and obviously insufficient use of modern society. Moreover, due to the social development and huge accumulation of legal practice and theory, the usufruct amended on January 5, 2010 which implemented on August 3, 2010 and opened a new era of the property law in Taiwan. As for the PRC property law, before the draft of Real Right Law, legal provisions had never mentioned right in rem. China government not only governed the country by socialist ideology, but also managed people by totalitarian rules, hence there was no problem related private properties. However, since the reform, and opening up, peoples increasing economic desire and insecurity led government adopted Real Right Law of People Republic of China at the 5th session of the Tenth National People’s Congress on March 16th, 2007 and put into practice on October 1st, 2007.
Land is required for the early agricultural society dependent on the basis of the protection of wealth just as the proverb “No land then no wealth” which rooted in people’s mind deeply. However, land is limited but human desire is unlimited, how to effectively play the most of the land and sustainable development becomes the urgent issue. Usufructuary right is an important system in property law. Being a right of jus re aliena, the usufructuary is a right of governing a thing of others’ utilizing the using value of it, the object of usufructuary right is limited to real property. With regarding to the function of Rights In Rem mainly focus on achieving the best use of everything. Because of the usufruct refers to not only the owner but others also have governing rights, which could satisfy the need of production and daily that remedy the insufficiency of ownership in market economic order.
The usufruct has been implemented for years in Taiwan, which aims to promote the utilization of land, also balance the owners’ right and the users’ obligation, made significant affect on drafting process of the PRC Real Right Law. However, no matter under the system of private ownership as in Taiwan or the state and collective ownership in China, the protection of the user right of the land and the owners’ right all should be equally on the basis of legislative system that to make the thoroughly protection possible.
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