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股权性质问题在学界并未达成共识,这一问题如不能较好地解决,将影响民法理论甚至《民法典》权利体系的合理构架。股权实质上兼具财产权和人身权的特性,因此,勉强将其划入任一权利范畴都不妥当,以开放的心态面对民事权利体系并将股权予以单列(划归“其他权利”)成为必要,相应地,民事权利应包括:人身权、财产权和其他权利。
The issue of the nature of equity has not reached a consensus in academia. If this problem can not be solved well, it will affect the reasonable structure of the civil law theory and even the civil code. Equity essentially has both property and personal rights. Therefore, reluctantly categorizing it into any one of the categories of rights is improper. With an open mindset, it faces the civil rights system and becomes the single entity of “ownership of other rights.” Necessary, accordingly, civil rights should include: personal rights, property rights and other rights.