我国公有权制度的物权法构建

国家所有权物权法构建的基本问题,是由谁来代表国家行使所有权及其与国有财产占有或使用者之间的关系问题。对此,应当在承认法人所有权的基础上通过确定国家的出资人地位加以解决。集体所有权的物权法构建,应当否定其作为一种独立所有权的形态,在正确认识所谓集体财产或集体所有权真实性质的基础上,恢复其共有或私有的本质,甚至可以对一定的集体所有划归为国家所有即真正意义上的公有,并按传统物权法所有权制度的一般原理对其作出具体规制。

The Construction on the Real Laws of the Public Ownership System

In terms of the construction of real laws of state ownership,the points that who is the representative of the state ownership and the relationship between the occupier or the user of the state-owned property and him always come to the first position.So we should admit the corporate ownership first and then ensure the state has the position of the subscriber.As for the construction of real laws of the collective ownership,we should not take this kind of ownership as a general one.Collective ownership is a kind of co-ownership,so we should take some reforms to turn it into corporate ownership or partnership.