我国物权立法及其理论缺陷初探

A Preliminary Exploration on Legislation about Right of Things and Its Theoretical Defect

运用比较法和法律经济学的研究方法 ,从我国市场化改革对物权法的现实需要出发 ,对我国物权立法和物权法研究的缺陷及其成因进行了深入分析 。

Methods in law and economics as well as the comparative method have been applied in this paper to make deep research on the defects in both legislation and research about law of right of things.The reasons for such defects are also covered.The research is carried out in the view of the realistic need for law of right of things in our market reform,Meanwhile,the train of thought about the theoretical innovation and the system of the law of right of things of our country has been put forward.