The System Shaping and Standard Path of Easement Rights in Civil Property Code



Easement Rights is a right designed to promote the use efficiency of Real Properties, but the meaning of land in different legal systems is not fully considered in Property Law of the People’s Republic of China when it follows the Easement Rights system. Therefore, the adjustment scope of Easement Rights system in China is controversial. It is necessary to clarify this before the promulgation of the Easement Rights in Civil Property Code that is being compiled. In order to achieve the above goal, we can draw the following conclusions. First of all, we should change Easement Rights to Real Estate Easements while taking into account the factors such as the legal system of China and the flexibility for social changes, so as to solve the contradiction between the meaning and the system of the object of Easement Rights adjustment. Secondly, it insists that Easement Rights is the right to use the easement directly and specifically, and establishes that the scope of adjustment should not include Real Estate Rights. Moreover, it is necessary to expressly allow the usufructuary to set up easement and increase its own easement, so as to leave room for the easement to play under the current land system of China. Starting from the spirit of regulating civil relations in Property Law, Easement Rights is set up to promote the utilization efficiency of Real Estate, and it is concluded that in the future Property Right system, the Easement Rights system should not only be used for the sake of public interest, but also be used to adjust the situation of no easement.


Easement rights; Real estate easements; Civil code; Real right

Full Text:



Geng, Z. (2013). On the system of modern development of easement rights in China. China Legal Science, (03).

Li, Y. J. (2006). Research on sea area use right (1st ed., pp317). China University of political science and Law Press.

Su, Y. Q. (2014). Looking for a new civil law (1st ed., pp551). Peking University Press.

Wang, L. M. (2016). Research on property law (Vol. II, pp.964). People’s University of China Press.

Wu, G. M. (2013). The reform and development of real estate easements. The Taiwan Law Review, (218).

Xie, Z. Q. (2011). The real right of civil law (1st ed., pp.502). China University of political science and Law Press.

Yu, F. R. (2014). On the structure of easement on one’s own realty and its application. China Land Science, (08).

Zhang, C. (2015). How to solve real property interest conflict of public easement. Seeking Truth, (42).

Zheng, G. Y. (2010). Amendment and application of easement rights of real estate. Cross-Strait Law Review, (28).

Zhu, G. X. (2009). The servitude rules in the property law. Legal Science, (07).



  • There are currently no refbacks.

Copyright (c) 2020 Canadian Social Science

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Share us to:   


  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

1. Register yourself in Journal B as an Author

  • Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.

2. Submission

  • Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”.
  • We only use three mailboxes as follows to deal with issues about paper acceptance, payment and submission of electronic versions of our journals to databases:;;

 Articles published in Canadian Social Science are licensed under Creative Commons Attribution 4.0 (CC-BY).


Address1020 Bouvier Street, Suite 400, Quebec City, Quebec, G2K 0K9, Canada.

Website: Http:// Http://,

Copyright © Canadian Academy of Oriental and Occidental Culture