构建我国用益物权体系的指导思想

The Guiding Principles for the Establishment of Chinese Usufruct System

用益物权是物权法中的重要制度,如何构建用益物权体系,是我国物权立法的难点之一。构建科学、完善的用益物权体系,应当树立正确的指导思想,这些指导思想包括:考虑中国社会发展的实际情况,体现现行法的有益规定并对相关制度加以整理,吸收中国优良的传统法律文化,借鉴国外的立法经验。

Usufruct is an important system in real law. It's a tough problem in the enact of real law that how to construct Chinese usufruct system. To construct scientific and perfect usufruct system, it's important to establish proper guiding principles as follows: firstly, take into consideration the actual conditions of social development of China; secondly, the beneficial provisions in current law should be embodied and relevant systems should be adjusted; thirdly, excellent tradition and culture of Chinese law system should be drawn upon; fourthly, foreign legislative experiences should be used for reference.