物权法定主义价值演进与合理性分析--我国物权法的制定是否应当坚持物权法定原则

物权法定主义被视为物权法的首要原则,是物权法强行性的重要表现,在确认物之归属、调整物之利用等方面发挥了其他原则无法替代的作用,在整个物权法结构体系中处于枢纽地位。可以说,没有大陆法系的物权概念,就没有物权法定主义,没有物权法定主义,就无法建构物权法体系。但物权法定本身有一个度的如何把握问题,法定哪些权利、法定到何种程度,涉及物权法定的宽严限度。即应在不动产的所有者利益、利用者利益和资本金融利益以及生存利益等诸种利益间的矛盾与冲突之中,谋求效益与公平价值的平衡。

The Reasonable Analysis and Value Gradual Progress of Principle of statutory real right

Principle of statutory real right is to be viewed as the first principle and the important compulsion reflection of the Ownership Law. It is the hub in the entire ownership law structure system and also plays a role which other principles would not replace in identifying who the things belong to and adjusting how to use these things, etc. It may be said that there will be no principle of statutory real right without the definition of ownership in the continental law system, and also can't build the Ownership Law system without principle of statutory real right. However, there is a problem with principle of statutory real right itself that to regulate what kind of right and to what degree. This will involve the limitation of loose and strictness of statutory ownership. That is to say that to seek the balance between benefit and equity value in the contradiction and conflict of the interests of realty owner, user interests, capital and finance interests and survival interests.