财产所有权的正当性依据

所有权作为权利 ,其含义不是指人对物的占有或支配状态或形式 ,也不是指物主对物的占有支配的自由 ,而是指 :对于他人而言 ,物主个人、社会群体、国家三重意志共同主张物主对物的自由支配的不可侵犯性。所有权的不可侵犯性在于 ,物主获得物 (所有权的对象物 )的方式是对他人无害的 ,以致是他人所同意的。财产所有权得以确立的核心和关键是社会群体根据无害性义务准则而给予的一致公认。

On the Legitimate Basis of the Property Right

The ownership, being one kind of the rights, does not mean the status or the way that the individual possesses something, nor does it the individual has the freedom to possess and control something. The ownership means that the owner, along with the collective group and the state generally, recognizes the inviolability of the property rights which the owner freely controls the object of the right of ownership against others. The property rights are not inviolable, for the way that owner obtains the object of the right of ownership is harmless to the other individuals. That is consented by the other individual. It is crux to establish property rights that the social group will recognize unanimously, in accordance with the norm of the innocent obligation.