论所有权的自由与限制

所有权对于公民的财产权利甚至整个法权具有重要意义。近代民法一直强调所有权行使的绝对自由,忽略了所有权应该受到的社会公益限制,其结果是使自由走向了反面。为克服所有权绝对自由带来的负面影响,现代民法开始由权利本位转向社会本位,逐步形成了所有权的社会化思潮,强调所有权的行使应该以尊重和维护社会公益为前提。但是由于社会公益的概念比较宽泛,范围难以确定,为了防止有人以公益之名谋私益之实,应该对社会公共利益的界定确立实体标准和程序标准,以解决因社会公共利益的界定产生的争议,寻求社会公益与个人私益的平衡,维护公民个人的实体权利。

Study on Freedom and Limitation of Proprietary Rights

Proprietary rights is very important to citizen’s property ownership and even to the whole law rights.Contemporary civil law has been emphasizing the absolute freedom in the performance of proprietary rights and neglecting the fact that proprietary rights should be limited by social public interests.The result of which is leading freedom to the opposite direction.In order to overcome the negative effects brought by absolute freedom in proprietary rights,current civil law has turned its direction from right-orientation to society-orientation,and gradually changed into socialization of proprietary rights,which has emphasized the priority of respect and protection in the carrying out of proprietary rights.Because the concept of social public interest is relatively broad,the definition is hard to fix.In order to prevent people from doing things for their own benefits,it is necessary to set up entity and procedure standards for the definition of social public interest in order to settle the disputes in the definition of social public interests.It can help realize the balance between social public interests and individual interests and maintain citizen’s entity rights as an individual.