乡村地役权的实证解析与立法完善

The Empirical Study on the Rural Servitude and Its' Improvement on Legislation

乡村地役权为地役权的一种。了解乡村地役权在我国农村的运行状况并进行立法完善意义重大。在全国范围内进行的社会实证调查表明,乡村地役权在受访者的认知、权利的具体内容及行使状况、设立程序等方面都有一定的特点;而农村经济发展状况对乡村地役权的了解、适用的影响较为复杂。我们应在宏观方面及具体制度设计方面进行相应的完善,以切实发挥法律对社会应有的规范功用。

The purpose of the paper is to explore the practice of rural servitude in our country. Empirical approach and methods of documentation were used. The results indicated that： as a kind of servitudes, rural servitude isn＇t well known, and its content, exercise and creation are particular; the economic circumstance of countryside has a great complex influence on the understanding and application of rural servitude. It was concluded that the results of this research could provide suggestions on the improvement of rural servitude legislation to achieve the goals what law regulates the society legitimately.