分类公示:不动产物权变动的理想模式——兼评《物权法(草案)》

Classified Publications: an Ideal Model for the Change of Real Rights

我国在建立物权公示制度这一重大问题上,既要学习和借鉴国外成熟立法,也要对以往体制下形成的各种规范进行整理与总结,还必须考虑本土社会的历史与民众的现实生活。本文提出,我国应尊重包括习惯权利在内的各种现存社会规范,建立不动产物权的分类公示制度,使物权法这部与民众利益密切相关的法律获得民众的广泛认同与遵从。

In establishing the system of publication of rights in rem, China should learn from mature laws available abroad, sort out and summarize various norms dcveloped under the old system, and take into consideration the history of Chinese society and actual life of the people. The author suggests that China should respect various existing social norms, including customary rights, and establish a classified publication system for rights in rein. Different publication principles shall be applied in relation to real estate such as land, which involves important state interests, and houses, which concerns closely the interests of the people. In this way, the law on rights in rem can be accepted and observed widely by the general public in China.