论物权关系的法律调整——以经济法与民商法的功能协同为中心

The Legal Regulation on the Relationship of Property Right

物权关系的法律调整不等于《物权法》对物权关系的调整,物权关系需要整个法律体系及其各法律部门协同调整。从历史来看,民法及其物权法并不能调整各种性质和类型的物权关系;从发展趋势看,经济、社会的社会化是物权关系需要各部门法协同调整的根本原因;从实践看,各部门法协同调整物权关系是经济、社会的客观要求。例如,民法及其物权法在调整投资经营公司或企业法人条件下形成的物权关系、国家和地方物权关系、合作制集体物权关系时存在着固有的劣势与不足,因此需要企业和公司法、国有财产法、合作社法等与民法及其物权法的功能组合,才能实现对这些物权关系的有效调整。

The legal regulation on the relationship of property right is not equal to the regulation on the property fight by ＂the Property Law of People＇s Republic of China＂, while the relationship of property fight needs the regulation by the whole legal system and the coordination among different department laws. From the angle of history, the civil law and its property law could not regulate all the kinds of the relationship of property rights; from the angle of the tendency, the socialization on the economy and society is the essential reason for that the relationship of property fight needs the regulation by the coordination among different department laws ; from the angle of practice, the regulation by the coordination among different department laws reflects the demand from the economy and society. For example, when to regulate the relationship of property right by investment, the relationship of property right of the state and local government, and the relationship of property fight of the collective, the civil law and its property law have obvious disadvantages, so in order to get effective regulation, we need the coordination between the civil law and its preperty law and the company law, the state -owned property law and the cooperative law.