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传统的观点认为:大陆法系历来就是物权绝对主义的物权观念,物权绝对破除了身份的限制,因而是公平正义的。但作者认为:大陆法系的物权观念以身份和财产两者的优先与否作为变迁的线索。先从相对物权发展到绝对物权,又从绝对物权发展到当今的相对物权的新阶段。就现实社会来说,物权相对比物权绝对更能实现社会的公平正义,因此,我们应该确立物权相对的物权观念,促进我国和谐社会的建设与发展。
The traditional view is that the continental legal system has always been the concept of the real rights of property rights. Property rights absolutely eliminate the restriction of status and are thus fair and just. However, the author thinks: the concept of real right in civil law system takes the priority of both identity and property as the clue of change. From the development of relative real right to absolute real right, from the development of absolute real right to the new stage of relative real right nowadays. As far as the real society is concerned, the property rights are definitely more social fair and equitable than the property rights. Therefore, we should establish the concept of property rights relative to the property rights and promote the construction and development of a harmonious society in our country.