私人所有权:所有权制度的支点——兼评《中华人民共和国物权法》的所有权制度

自罗马法始,私人所有权虽历沧桑之巨变,却一直是人类财产权制度的基础和核心,其对于个人有尊严的进行市民生活乃至政治国家之进步,都具有不可替代之价值。而在当下之我国,《宪法》及《物权法》明确规定坚持公有制的主体地位,《物权法》并对作为所谓公有制在法律上之体现的国家所有权和集体所有权进行了比较详细的规定,这似乎抛弃了大陆法系以私人所有权为所有权制度之基准的传统,但事实上,私人所有权仍然是也应当是我国所有权制度的支点,只有以此为前提才能正确理解我国《物权法》的所有权制度,特别是正确认识国家所有权和集体所有权制度。

Private Ownership: the Pivot of the Ownership System

Since Roman law, great as is its change, private ownership is always held the foundation and pivot of man’s property system, which has irreplaceable value to the respectable civilian life and political state. In China, both the Constitution and the Real Right Act expressly accept the primary status of public ownership and the latter specially specifies the state ownership and collective ownership, which is called a legal embodiment of public ownership. It seems that the tradition of civil law considering private ownership as the basis of ownership has been ignored. In this author’s opinion, private ownership should be deemed the pivot of China’s ownership system. Only so can the ownership in the Real Right Act be understood, and especially can the state ownership and collective ownership be correctly interpreted.