物权法定主义的立法取合及其局限与缓和途径论析

物权法是我国确认财产、利用财产和保护财产的基本法,它的主要作用在于定分止争,物尽其用.为了发挥物权法的这一作用,我国<物权法>采用了物权法定主义原则.但是物权法定主义也有一定的局限性,应当通过一定途径加以缓和或者柔化,以顺应世界上物权缓和的发展趋势,解决我国<物权法>实施过程中可能出现的新问题.

Analysis of legislation about property right law and its limitation and moderating path

Property right law is the basic law for China to confirm property,utilize property and pro- tect property.The main role of property right law is to solve debate and make use of the property as much as possible.In order to give the role of property right law full play,China's Property Right Law uses real right legal doctrine principle,however,real right legal doctrine principle has its limitation and should be moderated or softened so as to accord with the development trends of property right in the world and to solve new problems in the process of the implementation of China's Property Right Law.