对财产权外部性问题的反思——基于私法制度的视角

Reflection on the Externality of Property Right——From the Perspective of Private Law System

自然法的财产权概念从未作为任何法律体系中"行动中的法律"而存在,但其影响之大却不容忽视。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。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 rigbt in natural law is never existent as ＂the law in action＂ in any legal system, but its enormous influence cannot be neglected. The property right mode, which is influenced by the idea of natural law, is not only questioned by law scholars in the society but also attacked severely by economists. Sticking to the concept of property right in natural law might add costs to other people. Since the 19th century, there has been much debate on the problem, which has accelerated the combination of law and economics.