物权新论——一种法与经济学分析的思路

物权与产权有相同之处，但二者毕竟不能等同。传统物权理论一般将物权的特征归纳为支配性、排他性和绝对性。若从经济学角度来分析，可转让性也应是物权的重要特征。为此，我国物权体系的设置一定要考虑体系设置的效率问题。此外，可持续发展与技术创新也应是物权法目标设置所不容忽视的两个重要方面。

A New Research on Jus in Rem

The method of law and economics has been applied in this paper to make deep discussion about certain new fields and arising problems within the research of jus in rem, namely, the relationship between property right and jus in rem, economic essence and features of jus in rem, jus in rem's structure and efficiency, sustainable development, technology innovation and jus in rem. Such study is based on the needs of our market - oriented reform and the knowledge-based economy, with both theories and practice of our jus in rem legislation in consideration. Further, the fundamental trail of thought concerning the innovation of our theories and system of jus in dem is put forward.