物权法规定国家所有权的意义分析

On the Necessity of State Ownership Regulations Established in Law of Real rights

国家所有权是物权法构建的重要内容和难题。国家所有权的存在是客观的,物权法的构建无法回避这一重要现实。否则,各种类型的所有权的确认和保护都将随之产生不利影响,物权法自身确认财产归属关系的基本任务也将无法完成。国家所有权的全民性具有克服其他形式所有权的剥削性质和消极因素的重要作用,是形成宏观调控自动均衡机制的重要前提。目前我国国家所有权实现过程中存在着诸多矛盾和问题,必须通过物权法对国家所有权的重构,厘清与国家所有权相关的各种法律关系,以实现国有财产的合法使用和最优化利用。

Due to the specific social system and state situation in our country, it's sure that many difficult problems will be met when the classification of ownership and content of state ownership are defined in law of real rights. The existence of state ownership is objective. State ownership has brought itself to an undeniable and significant status as its state-owned essence. Not only can it do good to eliminating the passive and exploitative aspects of other ownership forms,it also has great function on balancing the macro-economy. The characteristic of present means of realizing state ownership in China is: state is the unity of the administrative authority of manager and the property right of owner. The rebuilding of state ownership regulations in law of real rights will help to change in the means of realizing state ownership, which can promote efficiency of using the state-owned resource and direct resource into areas which yield better returns.