基于外部性对财产权观念的反思——以私法制度为视角

On the Externality of the Property Right:in view of private law system

自然法的财产权概念虽然从未作为任何法律体系中"行动中的法律"而存在,但其影响却不容忽视。受其影响的财产权模式在现实社会中不仅遭到法律学界的质疑,也受到经济学家的猛烈抨击,一个明显的原因是坚守自然法财产权观念可能会对其他人强加成本。自19世纪以来,人们便就如何解决这一问题各抒己见,争论不休,这同时也加速了法学与经济学的结合。

The concept of property right in natural law is a nonexistent knowledge category, and has never been existent in ＂ walking law ＂ of any legal system. However, its enormous influence cannot be neglected. The property right mode, which was influenced by the idea of natural law, is questioned by law scholars in the society, and attacked by economists. How to deal with the problem has drawn the attention of the whole society because the exercise of property right in natural law might add costs to other people. Since the 19th century, the debate on the problem has accelerated the combination between law science and economics.