论典权及与类似法律关系之差异

On the Differences between Pawnee's Rights and Similar Legal Relations

作为我国特有的物权制度的典权 ,其性质应为用益物权 ,通过我国的抵押权和法国、日本的不动产质权区别与典权相比较 ,分析它们的差异 ,进一步阐述典权的用益物权属性 。

As a special system of property interest in China, pawnee's rights should be a usufruct in nature. Through the contrast between the mortgage of China and the muniment of France and Japan, the paper discovers their differences. Furthermore, it explains the nature of pawnee's rights usufruct. At last, it points out the necessity of the reconstruction of the system of pawnee's rights in the legislation of ownership.