摘要
所有权的立法模式是物权法立法中的重要问题。第一种观点主张根据所有权标的的不同,将所有权区分为动产所有权和不动产所有权;第二种观点认为,应根据所有权主体的不同,对所有权进行类型化的区分,分为国家所有权、集体所有权和私人所有权。第三种观点认为,所有权的类型化区分和平等保护相结合。笔者认为,根据平等保护的差别性原则,应该侧重保护私人所有权,因为私人所有权处于弱势地位。
Lawmaking models of ownership are important legislation issues of real right law. There are three view points. The first one is that, based on the differently recognized subjects of ownership, ownership should be divided into movable property ownership and real estate ownership. The second one is that, based on the different owners of ownership, the ownership should be divided into state-owned, collective and personal. The third one is that the ownership classification should be considered together with equal protection of ownership. The paper proposes that, based on the differential principles of equal protection, emphasis should be put on the personal ownership, because the personal ownership protection in China is weak.
出处
《北京理工大学学报（社会科学版）》
CSSCI
2008年第6期9-13,共5页
Journal of Beijing Institute of Technology：Social Sciences Edition
关键词
平等
所有权
保护
Equality
Ownership
Protection
