物权法中的共享观念与制度探讨
发布时间：2019-04-01 10:05
【摘要】：随着新产业革命进程的深入,共享经济发展迅速,共享发展的理念成为国家政策的重要内容。这对物权法的一些基本观念带来了挑战,也要求物权法律制度的创新。物的私有或独享其好处显而易见,私有机制构成一种有效的激励,促进了物的利用。但是,其缺点常常被忽视。从充分发挥物的效用角度出发,物的共享本身具有着巨大的生态、道德和效率价值。同时,物的共享也具有了实现的物质、技术和心理基础。在未来的物权法发展中,应该重塑立法理念,放弃以绝对所有权为中心的观念,树立与协同共享经济相互适应的共享立法理念。同时应加强共享的制度创新,完善共享的管理规范,健全共享的组织形式以应对不断发展的新经济形态对物权制度的挑战。
[Abstract]:With the deepening of the new industrial revolution, the shared economy develops rapidly, and the concept of shared development has become an important part of the national policy. This brings challenges to some basic concepts of property law, and also requires the innovation of the legal system of real rights. It is obvious that the private or exclusive benefits of things, private mechanisms constitute an effective incentive to promote the use of things. However, its shortcomings are often ignored. From the point of view of giving full play to the utility of things, the sharing of things itself has great ecological, moral and efficiency values. At the same time, the sharing of things also has the material, technical and psychological basis of realization. In the development of property law in the future, we should reshape the concept of legislation, give up the idea of absolute ownership as the center, and set up the idea of sharing legislation that adapts to the cooperative sharing economy. At the same time, we should strengthen the system innovation of sharing, perfect the management norm of sharing, and perfect the organizational form of sharing in order to deal with the challenge of the developing new economic form to the real right system.
【作者单位】： 东北财经大学法学院;
【基金】：东北财经大学2016年度校级青年培育项目“物权法中的共享观念与制度研究”(批准号:DUFE2016Q19)
【分类号】：D923.2
，
本文编号：2451470
[Abstract]:With the deepening of the new industrial revolution, the shared economy develops rapidly, and the concept of shared development has become an important part of the national policy. This brings challenges to some basic concepts of property law, and also requires the innovation of the legal system of real rights. It is obvious that the private or exclusive benefits of things, private mechanisms constitute an effective incentive to promote the use of things. However, its shortcomings are often ignored. From the point of view of giving full play to the utility of things, the sharing of things itself has great ecological, moral and efficiency values. At the same time, the sharing of things also has the material, technical and psychological basis of realization. In the development of property law in the future, we should reshape the concept of legislation, give up the idea of absolute ownership as the center, and set up the idea of sharing legislation that adapts to the cooperative sharing economy. At the same time, we should strengthen the system innovation of sharing, perfect the management norm of sharing, and perfect the organizational form of sharing in order to deal with the challenge of the developing new economic form to the real right system.
【作者单位】： 东北财经大学法学院;
【基金】：东北财经大学2016年度校级青年培育项目“物权法中的共享观念与制度研究”(批准号:DUFE2016Q19)
【分类号】：D923.2
，
本文编号：2451470
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