制定中国物权法的若干问题

Some Topics on the Formulation of the Law of Real Rights

本文对我国自解放以来调整民事关系的法律法规进行了述评 ,指出了现行有关物权法律法规的缺陷 ,提出在我国正在进行的物权立法中坚持对合法财产一体保护原则 ,实行物权变动与原因行为相区分的原则 ,从中国实际出发构建用益物权体系并完善担保物权制度。

This paper,in its comments on the laws and regulations dealing with civil relations since the liberation in 1949,points out that the current laws and regulations concerning property rights have some defects,and suggests that,in the present draft of the property rights law in China,the principle of simultaneous protection of lawful properties being upheld,the principle of distinction between the cause of change of property rights and action of change of property rights being adopted,and the systems of beneficial property rights and property guaranty being established and perfected based on the Chinese reality.