摘要
对所有权本质的理论研究中 ,长期以来 ,我们一直坚持所有制决定论 ,即把人类对物质资料的占有归结为所有制 ,并把所有制看作是决定所有权本质的经济基础 ,结果将所有权的本质简单地归结为由占有的经济状态决定 ,从而忽视了所有权就其本质而言是精神性的东西 ,而非物质性的东西。实际上 ,对物的需求与占有恰恰是人的自我的实现 ,所有权之所以能够在法的范畴中占有中心的位置 ,其本质就是在所有权上体现了人性、人格自身。故本文从人的角度 ,从占有中体现的“所有”的权利思想论证所有权的本质 ,以说明法律保护所有权的正当性依据。
For long time determinism of the system of ownership has been dominating the theoretic researches on the essence of the right of ownership. It is to classify human possession of material goods into system of ownership, which is considered to be the economic basis, which determines the essence of the right of ownership. The essence of the right of ownership has been simplified as to be determined by the economic state of possession. Thus the fact that the right of ownership is, in its essence, spiritual existence, but not material, has been neglected. In fact, the demand for and possession of goods are exactly the means of self-realization for individuals. The right of ownership takes central position in category of law because it shows humanity and personality themselves. The author of this thesis attempts, from the angle of personality and the notion about the right of 'ownership' contained in possession, to demonstrate the essence of the right of ownership, therefore to justify the legal protection of the right of ownership.
出处
《现代法学》
CSSCI
北大核心
2002年第5期111-118,共8页
Modern Law Science
关键词
占有
所有
私有
占有心素
占有体素
所有权
所有制
所有权本质
possession
ownership
private ownership
subjective factor of possession
objective factor of possession
system of ownership
right of ownership
essence of the right of ownership
