涂尔干的财产权思想建立在对“劳动说”和“先占说”批判与继承的基础上。通过对财产权本质特征的界定,涂尔干发现了财产权观念与圣物观念的亲和性,从而指出财产的起源是以某些宗教信仰的本性为基础的,并通过对土地财产权的考察证明了这一点。然而,神不过是以物质形式人格化和结晶化了的集体力,所以,财产权的不可侵犯性实际上来源于人们对社会的崇拜和尊敬。财产首先只能是集体的,由于父权制的存在和动产领域的发展,财产逐渐由集体转变到个人,财产的形式也由地产过渡到动产。 Durkheim’s idea of ​​property rights is based on the critique and succession to “labor theory” and “preemption theory.” By defining the essential characteristics of property rights, Durkheim discovered the affinity between the concept of property rights and the concept of holy things, pointing out that the origin of property was based on the nature of certain religious beliefs and proved through the examination of the property rights of land at this point. However, God is merely a collective effort to personalize and crystallize in material form. Therefore, the inviolability of property rights actually comes from people’s worship and respect to society. First of all, property can only be a collective. Due to the existence of patriarchy and the development of movable property, property has gradually been transformed from a collective to an individual, and the form of property has also been transferred from real estate to movable property.