物的基本区分与物权法的结构

The Basic Classification of Property and the Structure of Property Law

物的基本区分对物权法律制度有着结构性影响。受前苏联法影响,把物区分为生产资料和生活资料曾经决定了中国民事立法的基本构造。在《物权法》中,物的划分不再以政治经济学为根据,转而以潘德克顿法学为学理根据,把物区分为不动产与动产并设置不同的法律规则。

The basic classification of property has a structural impact on the legal system of property rights.Affected by the former Soviet Union law,the classification that properties were divided into means of production and means of livelihood determined the basic structure of Chinese civil legislation.While in the Property Law,according to Pandekten legal science,instead of Marxism political economics,properties were divided into immovable property and movable property,on which different rules were set.