Abstract:
The principle of public publicity and public trust is regarded as the basic principle of the change of real right in modern property law because it involves the freedom of real right control and the value balance of market transaction security, but it is not suitable for all the changes of real right, and the change of real right not based on legal acts is the supplement to it considering the special circumstances. China's civil law has built up a system of non-legal act real right rules based on the mode of "generalization + dispersion". Combined with the empirical law and the criticism of the theoretical dispute, we can see that the subject of the change of real right based on "public power" includes the people's court and the arbitration institution, but the legal documents produced by them should be subject to the "double restriction" of entity attribute and formation; Judicial mediation has broken away from the simple will of the parties and has the property of judicial power intervention, which also belongs to the scope of legal documents here. The alteration of real right of bequest can no longer be dealt with according to article 230 of civil Code, but the alteration of real right of bequest can be dealt with in two stages based on the recognition that the bequest is in conformity with the fact of civil law. Considering the stage and development of illegal construction management in China, and taking into account the protection of citizens' basic rights such as "residence right", the immovable property ownership status of "housing" born by "illegal construction of housing behavior" should be recognized to the limit at present, and its punishment should be strictly limited.