西方财产权理论的谱系及其对中国农村产权制度改革的启示

On the Pedigree of Western Property Right Theories and Its Implications for the Reform of China's Rural Property Right System

西方财产权制度经历了一个复杂的演变过程,始终围绕财产权与人的基本权利展开。财产权与生存权、财产权与自由权、财产权与人格权之间的关系构成财产权与人的基本权利的主线,勾勒出不同发展阶段理论成果之间的谱系。西方财产权制度作为现代制度的一部分,它的演变历程和理论成果对于中国农村产权制度改革具有一定程度的启发意义和借鉴作用。中国农村产权制度的起点是从土地集体所有权中分离出承包经营权,并将其物权化。以承包经营权流转为中心的产权制度改革的重心已从物权法定原则转向物权效率原则,侧重于承包经营权与经营的分离,重在通过权利运行方式实现法定物权的经济功能。

The western property right system has experienced a complex evolution process, always unfolding around the fundamental rights of property and people. The relationship between property right and right to exist, between property right and right of freedom, and between property right and right of personality constitutes the main line between property right and the basic rights of people, and sketches out a pedigree of theoretical results at different development stages. The western prop- erty right system is regarded as a part of the modem system, its evolution process and theoretical re-suits provide a certain degree of enlightenment and reference for the reform of China＇s rural property right system. The starting point of China＇s rural property right system is seperating the contracted management right from the collective ownership of the land, making it become a right in rem. The key of the reform of property right system centering around circulation of the contracted management right has shifted from the principle of legality of right in rem, focusing on the separation of the con-tracted management right from operation, and on the economic function of achieving legal right in rem through the operating mode of rights.