我国《物权法》将物权法定原则作为基本原则,从立法草案的条文设计上看,是坚持较为严格的物权法定原则。但是在实践中究竟严格到哪种程度,是学者们的争议问题,也是立法上需要统一认识的灰色地带。在《物权法草案》第5次审议稿中,规范了较大程度的物权法定缓和制度,这是适应时代进步的杰作,也是法律制度设计上的聪明决策。 The “Property Law” of our country regards the legal principle of real right as the basic principle. From the perspective of the design of the provisions of the draft legislation, it is to uphold the strict legal principle of real right. However, in practice to what extent is strictly to the degree of controversy among scholars, but also the legislative need to unify the gray area of ​​understanding. In the Fifth Draft of the Draft Property Rights Law, the larger system of legal easement of real rights is regulated. This is a masterpiece that adapts to the progress of the times and is also a clever decision in the design of the legal system.