公平与效率统一视角下的物权社会化

Socialization of Real Property Rights in Integration of Fairness and Efficiency Perspective

物权层面的物权公平与物权效率相适应,但在物权效率与高层面的社会公平之间的交叉层面,物权效率则因起点、机会、结果等与社会公平发生冲突;在这一交叉层面的物权垄断势能所产生的"马太效应"不可能熨平。通过公平与效率在立体结构中的对立统一路径可知,实现物权自然化发展向社会化转变,是效率与公平和谐统一的动力机制。公权力管制时限制物权利用中附属权利而防止物权垄断形成。限制是在初次分配中重新界定权利,不是要素所有的分配。通过权利分配为弱者增加竞争的权利势能以缩小贫富差距,这是北欧的新经验。

In respect of real property rights,fairness is compatible with efficiency.While considering the interaction between efficiency of real property rights and social fairness which ranks a superior level,and due to its origin,opportunity and result,the former will inevitably run against the latter.Thus the Matthew Effect resulted from the potential energy of real property rights monopoly can not be ironed out.Following the path of unity of opposites between fairness and efficiency,the transformation of real property rights from naturalization to socialization will act as a mechanism to attain harmony and unity between efficiency and fairness.The public power should regulation on exerting affiliated rights in real property rights to prevent from monopoly.Such regulations redefines rights in their initial distribution rather than the distribution of elements ownership.This redefined rights distribution will elevate the potential competition energy for the inferior so as to bridge the gap between the rich and the poor.It is suggested to learn from the new experience in Northern Europe.