私有财产权与公有财产权的对立与统一

Opposite-Unity Between Private Property Right and Public Property Right

私有财产权用于满足私益,公有财产权用于维持公益。基于对财产权主体性质与功能的重新认识,任何财产权主体都同时享有私益与公益,因而在国家与市民社会之间存在着明显的私有财产权与公有财产权的对立关系,同时在国家和市民社会各自内部也存在着二者的对立关系,人成为这三对矛盾存在的条件和斗争的场所,并在实现自身利益的目的上实现二者的统一。认识到两种财产权的对立统一关系是解决长期困扰人们的一些现实问题的理论基础,从而也成为法治建设无法回避的核心问题。

Private property right serves private benefits, while public property right serves public benefits. However, based on a re-understanding of the nature and function of property right subject, any proprietary subject enjoys both private and pubic benefits at the same time. There exists, therefore, apparent opposition of the two proprietary rights between state and populace society as well as among the state itself and the society itself. Man is where the existence of the oppositions is possible, where the oppositions struggle, and where the opposite-unity between the two property rights is realized through a realization of man＇s own benefits. An understanding of the opposite-unity relation is the theoretical basis for the solution of some controversies, which is unavoidable in the legal system construction.