混合与分离:财产支配权与人身支配权之历史路径

From Mixture to Separation: The History Route of the Right to Property Dominion and Person Dominion

财产支配权与人身支配权由混合走向分离,是财产支配权历史演进中的一条清晰脉络。从罗马法到日耳曼法,再到中世纪欧洲封建制法,财产支配权与人身支配权一直处于混合状态;欧洲封建社会后期,生产力的发展急迫地叩响了二者分离的大门,至资本主义法,二者便彻底走向分离。而在我国,二者混合的历史极其漫长,直至新中国成立才得以彻底分离。

Throughout the history of evolution of the right to property dominion, we can see clearly the history route： the right to property dominion and person dominion has changed from mixed to separate. From Roman law to Germanic law, and to feudal law in medieval Europe, the right to property dominion and person dominion was always in mixed mode; At late stage of feudal society in Europe, the development of production capability made the rights to property dominion and person dominion gradually separated, and up until the time of capitalism, they became completely separated. The rights to property dominion and person dominion were mixed for long time in China, and up until the establishing of the People＇s Republic of China, they just became completely separated.