所有权概念之思考

On Thinking of the Concept of the Right of Ownership

本文在反思传统所有权概念立法例及其理论缺陷的基础上 ,深入考察了所有权的内在方面和弹力性 ,认为 ,为全面理解所有权概念及其终极支配性 ,应放弃弹力性的说法 ,并将目光聚焦在“人”

Based on the reflection of the legislation of the traditional concept of the right of ownership and the insufficiency of theory,this paper,by means of investigating deeply internal aspect and elasticity of the right of ownership,thinks that in order to understand comprehensively the concept of the right of ownership and ultimate domination,we should abandon the idea of elasticity of the right of ownership and concentrate on the “owner”. [