关于物权与债权中间权利类型的思考

物权债权化和债权物权化现象实质上是我们对物权债权中间权利类型不能正确对待的结果。物权债权区分标准的相对性、物权技术表征与事实表征的不统一、物权转移的时空性、经济社会发展的需求决定了物权与债权之间必定会存在中间类型。在坚持物权债权二分法的前提下，我们必须保持民法财产体系的开放性，同时根据社会发展对物权法规则进行适当的改造。

Thought about the Intermediate Type between Property Rights and Claims

In essense, the phenomenon of property rights being seen as claims and claims being seen as property rights is the result that we can not deal with the intermediate type correctly. The classfication of property rights and claims is relative, the technological and fact characterization of rights are usually ununiform, transfering of rights needs space and time. All these facts and economic and social development make the results that there must exist intermediate type between property rights and claims. Then, adhering to the premise of the dichotomy of property rights and claims, we should maintain the openness of civil law property systems and reform the property rules according to social development.