财产权概念的历史论争和现实思考

The Historical Debate and Realistic Reflection on the Concept of Property Rights

摘要: 在古罗马法实体化观念的影响下，大陆法系传统财产权概念以有体物为核心，建立起以物权制度和债权制度为主要内容的“物法”二元体系。但随着经济活动的不断加深和科学技术水平的日新月异，财产的价值化与无体化趋势逐渐在现代社会经济活动中崭露头角，传统的基于独立性、特定性和有体性发展起来的财产权概念在应对财产非实体化现象时时常捉襟见肘。本文以虚拟财产为例，在社会经济日益变化的语境中重新审视财产权的概念，从“维护现有大陆法系物债二分体系”和“在坚持基本原则前提下适当突破财产权概念”两方面出发探索应对财产权概念变化的现实路径。

Abstract: Under the influence of the concept of materialization in ancient Roman law, the traditional concept of property rights in the civil law system centered around tangible objects and established a binary system of “property law” with property rights and creditor’s rights as the main contents. But with the continuous deepening of economic activities and the rapid development of scientific and technological levels, the trend of property value and intangibility has gradually emerged in modern social and economic activities. The traditional concept of property rights based on independence, specificity, and embodiment often struggles to cope with the phenomenon of property non materialization. This article takes virtual property as an example to re-examine the concept of property rights in the context of increasingly changing social and economic conditions. It explores the practical path to respond to changes in the concept of property rights from two aspects: “maintaining the existing binary system of property and debt in the civil law system” and “appropriately breaking through the concept of property rights while adhering to basic principles”.