限制国家物权行使能力的逻辑

Theory of Restricting the Operation Ability of Country Property Rights

国家物权的流失和垄断,源于过分保护而缺乏合理限制。将物权按状态结构分为明确归属的静态物权和通过行使来发挥效用的动态物权。其他物权的归属主体与行使主体同一,国家物权归属于国家即全民而行使于国务院,两者处于分离状态。这种分离导致行使主体的行为能力不足,责任能力缺乏,唯独权利能力无任何约束而可以滥用行政权力,可以假借市场程序却又不在市场交易。必须限制国家物权行使的权利能力。限制的目标是建立国有物权市场,同时为体现"全民所有"而成立与政府机构融合的民主组织以行使物权,使国家所有即全民所有与政府行使即民主行使相对称,以此防止"代表权"的滥用。

The reasons of the loss and monopoly of property rights are over-protection and lack of rea- sonable restriction. Property rights can be divided into static property rights which based on ownership, and dynamic property rights which based on use. The owner and subject of other property rights are the same. The property rights belong to the people and are controlled by the country department, and they are separate. This separation leads to the lack of ability of operation and responsibility, and abuse the power of administration which does not have any restriction. They deal under the counter and use the nominal market. It is necessary to restrict the ability of action rights of the country. The goal of restriction is to build a property rights market and a democracy organization, and make they work together with the gov- ernment to operate the property of rights. Use the balance between people owning and government operating to avoid the abuse of ＂delegate rights＂.