Generally speaking, the basic principles of property law include the statutory principle of property right, the principle of one thing and one right, and the principle of publicity and public trust. The author believes that the relationship between the three is mainly reflected in the unified whole as the basic principle of the property law, in ensuring the mutual echo, mutual supplement and internal consistency of the legislative purpose and social function of the property law, and in stipulating that the property law meets the economic requirements in their respective responsibilities and division of labor and cooperation. Therefore, the study of the relationship between the three can not be divorced from the essential requirements of the property law and the connotation and legal significance of the "three principles", but should start with the legislative basis of the three basic principles and analyze the relationship between them on the legislative basis, so as to grasp their mutual relationship in the whole property law system in principle.
First, the legislative basis of the statutory principle of real right
The necessity of the statutory principle of real right lies in the essential characteristics of real right itself and the requirements of orderly development of social economy. Property right is the dominant property right, and its category, content and changes are directly related to others, society and country. Only through the legalization of real right can the ownership of real right be clarified and the changes of real right be made public, so as to protect the interests of real right holders, other social members and the whole society, make the order of real right transparent, ensure the safety and convenience of transactions, and be conducive to the stability of social and economic order and the development of commodity economy.
Second, the legislative basis of the principle of one thing and one right
The principle of one thing and one right is based on ensuring the realization of the content of real right control. Property right is the direct control of things. In order to successfully realize this kind of direct control over things in fact, the state must objectively determine the scope of its control objects and legally clarify the external scope of its control. One thing, one right clarifies the ownership of things, simplifies the relationship of real rights, inhibits the occurrence of disputes, and legally regulates the use of things, thus reducing transaction costs and risks and ensuring transaction safety.
Third, the legislative basis of the principle of publicity and public trust
Property right is a kind of right to the world, and its changes involve a large range. Failure to publicize is not enough to clarify the ownership of property rights, and it is not conducive to protecting obligees. For those property rights changes that have no external performance, if they are not publicized, it will be especially unfavorable to interested parties. Therefore, the publicity of the change of real right involves not only the owner's own safety, but also the need to safeguard the interests of the third party. Public trust gives publicity legal effect, which guarantees the trust interests of the counterpart, thus enhancing the confidence of the parties to the transaction, ensuring the security of the transaction, reducing the transaction cost, objectively stimulating economic activities and promoting social and economic development.
Four. conclusion
From the above analysis, we can see that the "three basic principles" of the property law are interlinked on the legislative basis, and their legislative purposes are the same, all of which are to ensure the safe use of property and the safe and convenient transaction in the commodity economy. Under this framework, the three factors echo each other and work together to ensure the realization of the main tasks of the property law.
The legal principle of real right makes the types and contents of real right clear and legal, thus standardizing the contents of one thing, one right and the contents and methods of publicity. At the same time, the legal principle of real right also laid the foundation for the effective implementation of one thing, one right and publicity. If the national laws do not clearly stipulate the types and contents of real rights, the content of one thing and one right and the right to publicize public trust will be in an uncertain state, so the "right" of one thing and one right, the "who shows public trust" and the "who believes in public trust" will become uncertain, while "one thing and one right" and public trust will actually become empty talk, and the relationship of real rights will become chaotic. It is the legalization of real right that makes it possible to operate one thing, one right and public trust; It is the legalization of real right that makes one thing and one right have a legal basis, makes the contents of charitable trust tend to be unified, makes real right easy to publicize and ensures the effectiveness of charitable trust.
The principle of one thing and one right ensures the clarity of property ownership, reduces the possibility of disputes from the root, implements the legal effect of property rights, ensures the reliability of public trust, facilitates the publicity of property rights, and regulates the use and circulation order of property. If one thing has several conflicting rights, or one right covers several things, the legal function of real right will be weakened, thus losing its original meaning and effectiveness, and publicity will be in an unstable state, let alone public trust.
The principle of publicity and public trust enables the legalization of real right and one thing and one right to be fully implemented in property circulation, and makes its effectiveness and influence go deep into property circulation, thus giving full play to its stabilizing role in the active trading behavior of commodity economy. The content of publicity and public trust is the "statutory" content of real right legal firm, which is based on one thing and one right to ensure the realization of legal real right and the effectiveness of one thing and one right. Because the publicity of public trust is often reflected in the process of property rights transaction, the publicity of property rights in the transaction will always be under the supervision of society, thus playing a dynamic role in regulating the legalization and unification of property rights, so that it will not deviate from its original intention in operation.
The three complement each other, * * * ensures the safe use and safe transaction of property, and ensures the fast and convenient transaction, thus effectively ensuring the realization of the function of property law and promoting the orderly development of social economy.