在任何社会和任何历史时期 ,财产归属 ,即所有权制度都是一个决定社会秩序形成、确立的关键因素。我国改革开放和经济体制改革以来 ,社会经济活动的方式、内容和规则获得了极大发展 ,几十年的社会主义计划经济模式 ,已经为越来越广泛的市场经济模式所取代。因此 ,打破原有所有权概念 ,重新构建新的所有权制度 ,并以国家根本法即宪法的形式予以确立 ,已经成了一个不可回避的重大社会课题。从下文列举的案件来看 ,可以略知如今我们对于财产所有权问题无论在思想上和实践上 ,还是在法律上和制度上 ,都是相当的混乱。此处文章属于思考和探索这一问题解决方案的尝试之一 ,思考深刻、观点鲜明 ,合理抑或唐突总是因人而异。谨此示于读者 ,意在不废一家之言 ,顺便提及 ,现今法学界对于物之所有权有不同的表述方法 ,如 :财产权、产权、所有权。对这三个概念的异同 ,学者间颇有分歧。为尊重作者起见 ,本刊不要求一律采用传统的、于法有据的“所有权”概念 ,而保留作者采用的“财产权”概念。 In any society and any historical period, the ownership of property, the ownership system, is a key factor that determines the formation and establishment of social order. Since the reform and opening up and the reform of the economic system in our country, the methods, contents and rules of social and economic activities have enjoyed tremendous growth. The planned socialist economic model for decades has been replaced by an increasingly broader market economic model. Therefore, to break the original concept of ownership and reconstruct a new system of ownership and establish it in the form of the fundamental law of the state, namely the constitution, has become an unavoidable major social issue. Judging from the cases listed below, one can know that nowadays we are all quite confused about the issue of property ownership, both ideologically and in practice, and both in law and in institution. The article here is one of the attempts to think and explore solutions to this problem. Thinking deeply, clearly, rationally or abruptly always varies from person to person. It is for this reason that this book is intended to be read by readers. By the way, the legal profession now has different ways of expressing ownership of property such as property rights, property rights and ownership. The similarities and differences between these three concepts, scholars quite different. In order to respect the authors, this publication does not require the traditional concept of “ownership” of law to be followed, while retaining the concept of “property rights” adopted by the author.