所有权概念新探

本文在反思我国传统所有权概念立法例及其理论缺陷的基础上，结合我国产权改革的实践，运用法律经济学的观点和方法，从所有权的结构，所有权的剩余收益权，所有权的排他性、占有剩余性、可交易性与稳定性诸方面，提出了我国所有权概念体系重构的创新思路和立法技术方案。

A New Study of the Concept of Ownership

Based on the reflection of the legislation of the traditional concept of ownership and the insufficiency of theory in China, and on the practice of reform of property right, this paper, by means of applying views and methods related to law and economy, puts forward some new ideas for the reconstruction of the conceptual system of ownership and certain technical projects for legislation, according to the sense of ownership structure, ownership residual usufruct, and four other features of ownership: exclusion, residual possession, transaction and stability.