货币财产权、立法与自由

The Monetary Property Rights,Legislation and Liberty

财产是自由的保障,货币财产权是各种财产权类型中最根本、最重要的一项权利。随着金本位制的废除和信用货币的扩张,货币当局不再受任何外在规则的纪律约束,纸币发行日益泛滥,每每诱发通货膨胀和金融危机,造成人民财富的流失。这种灾难性后果的出现,使得现行货币体制不断遭受来自法律和道德的多重质疑。而修正现行货币体制的首要途径则是通过货币立宪,确认公民的货币财产权和选择自由,并依靠不断勃兴的货币财产权抑制当局的货币公权。

Property is the guarantee of freedom in which the monetary property right is the most fundamen-tal and vital right. However, with the abolishment of the gold standard and the proliferation of the credit cur-rency, monetary authorities are not subject to any external rules and the issuance of notes is increasingly over-flown which may often cause inflation and financial crisis as well as the loss of fortune. The emergence of suchdisastrous consequence has made the current monetary system face multiple legal and moral challenges. In or-der to modifythe current monetary system, the primary approach is suggested to accomplish monetary constitu-tionalism, to conform the monetary property right and the freedom of choice, and to restrain public power ofmonetary authorities by the increasing booming of monetary property rights.