我国国家所有权合理性评析

Comments on the Rationality of State Ownership

我国新颁布的《物权法》,在所有权类型的规定上与传统民法对所有权类型的梳理存在很大差异,延续依照所有权划分的模式难以真正体现国家所有权的市场定位。文章结合传统所有权理论对《物权法》种类进行了评价,比较分析国家所有权的制度缺陷,提出了应遵循传统理论建立国家法人身份的立法建议。

The newly promulgated ＂Property Law＂ is greatly different from the traditional civil law in the stipulation of the types of ownership, and it is difficult to truly embody the market orientation of state ownership by continuing to follow the model of classification of ownerships. The article, in light of the traditional theory of ownership, makes comments on the types of property law by making a comparison between and giving an analysis of the institutional difects of the state ownership, and further makes a legislative suggestion as to setting the state＇ s status of legal person according to the traditional theory.