国家、集体、公民个人所有权立法方案新思考

对国家所有权、集体所有权、公民个人所有权 ,梁慧星先生负责的中国物权法草案建议稿作了过分淡薄的处理 ,而王利民教授主编的中国物权法草案建议稿和全国人大常委会法制工作委员会起草的中华人民共和国物权法征求意见稿则专章专节地分别予以规定。我们认为 ,在此问题上 ,当采俄罗斯民法典的立法例 ,在所有权通则部分进行简明扼要的规定。切忌照搬计划经济时期的旧原则 ,更不能倒退。

New Legislative Thinking for State Ownership, Collective Ownership, and Ownership of Personal Property by the Individual Citizen

There have been two different attitudes towards the legislation concerning the issue of state ownership, collective ownership, ownership of personal property by the individual citizen. While the drafted proposal offered by Mr LIANG Hui-xing treats the problem with unusual indifference, a special chapter with concrete stipulations can be found in both the drafted proposal submitted by Prof WANG Li-wen and the opinions-soliciting draft for The Real Right Law of the People's Republic of China prepared by the Commission of Legislative Affairs under the Standing Committee of the National People's Congress. This paper is of opinion that in dealing with an issue like this, it is proper to adopt the legislative instance of the Russian Civil Code to stipulate concisely the regulations in the section of general provisions for ownership, and that it is improper to copy the old principles adopted during the period of planned economy, not to speak of a retrogression.