我国《物权法》的物权法定原则

The Legal Principle of Property Rights in the Law of Chinese Property Rights

我国《物权法》关于物权法定原则的内涵包含了种类、内容、公示方法和效力法定四个方面。物权法定原则的正当性在于其价值的合理性,其法理基础在于物权的绝对性要求,其社会基础在于我国公有制的现实国情。虽然物权法定原则有其固有的保守缺陷,但物权法定原则并不意味着物权类型是一个封闭的体系,因而将物权法定作为物权法的基本原则必须加以坚持。

Chinese property law on the legal principle of property rights includes four aspects： a wide meaning, content, publicity methods and the statutory effectiveness. The legitimacy of the legal principle of property values in its rationality. And its legal basis is the absolute property requirements and its social base is the actual situation of China＇s public ownership.The legal principle of property rights has its inherent conservative flaws, but the legal principle of property rights does not mean that property type is a closed system. So the legal principle should be maintained as the basic principle by the law of Chinese property rights.