试论公有制私有制之区别在物权法中的可忽略性

The Negligibity of the Difference Between the Public Ownership and the Private Ownership In the Real Right Law

公有制、私有制是在所有权领域“相对立”的两个概念 ,且公有制处强势地位。随着经济的发展 ,私有财产得到了强有力的扩张 ,并在量上已与公有财产相当。这使得我们无法回避在法律上对私有制的认可 ,但公有制经济制度基础地位必须坚持 ,如何将这两个问题达到统一 ?它们区别到底在什么地方 ?是否一定是对立的 ?若能统一 ,该如何实现 ?基于现实中两者的“交往” ,笔者认为 ,它们仅是形式上的差别 ,效能上的追求则是一致的。《中国物权法》的制定为我们重估它们的“对立”价值提供了契机 ,同时提出了如何将它们在法律规则上统一的课题。

The public ownership and the private ownership are two different system concepts opposite to each other.The two concepts were ever in practice clearly distinguished while the public ownership has an advantage over the private ownership.Alongside economic advances the private property has been expanding so greatly that it is almost equal to the public ownership in terms of the amount,which makes us have to make a balance between them in legislation.At the same time the status of the public ownership as the economic foundation has to be held on.Therefore,howcan the unity of the two problems be achieved?What is on earth the distinction between them?Are they inevitably opposed to each other?And if they can be unified,what can be done to realize the unity.In view of the associations of the public own ership and the private ownership,the author believes that they are different in forms and identical in seeking the efficacy.The enactment of The Real Right Law of People's Republic of China gave us a pivot to reestimated the value of their opposition,and also set forth the issue of howto unify them in legal rules.