民法理论逻辑起点探析——兼论物权本质的重新定位

经由哲学思辩构筑起来的理论体系应有科学的逻辑起点,民法理论的逻辑起点是财产权,而不是财产,财产仅是财产权的载体。物权和债权是民法为保护财产权而设定的法律权利。物权是法律赋予特定财产权之上的排他性权利,旨在强化财产权之归属。应将财产权和物权严格区分开。

Analysis of the Logic Origin of the Theory of Civil Law:On the Redefinition of the Essence of Ownership

A theoretical system formed through philosophical reasoning should have its scientific logic origin. The logic origin of the theory of civil law is rather the right of property than property which is only the carrier of the right of property. Ownership and creditor's right are the legal rights granted by civil law so as to protect the right of property. Ownership is an exclusive right granted by the law over the specified right of property in order to enhance the belonging of the right of property. The right of property and ownership should be strictly distinguished.