中国大陆民法继受各国学说与法例,历三十余年的发展,渐趋成熟。其以传统民法为基础,在具体制度上又多有创新,可谓法律移植与继受的典范。然而与西方国家不同,大陆民法以社会主义公有制为基础,这在具体制度上必有所体现,且以物权制度为甚。从体系上来看,《物权法》与大陆法系中的德国法系诸国大体一致,依一般规定、所有权、用益物权、担保物权以及占有而定。但是就具体制度而言,其细节之处亦颇显立法者的独特思量。为凸显我国物权制度的继受性与本土性的特色,本文即以《物权法》的解释论为视角,先将中国大陆民法中抵押权制度的演变加以简要梳理,再重点介 The civil law of mainland China has inherited the doctrines and laws of various countries and has matured over the past thirty years. Based on the traditional civil law, it has many innovations in specific systems and can be described as a model for legal transplantation and inheritance. However, unlike Western countries, the civil law in mainland China is based on socialist public ownership. This must be reflected in the concrete system and is based on the real right system. From the system point of view, the “Property Law” and the civil law system in Germany and France are generally the same, according to the general provisions, ownership, usufructuary rights, security interests and possession may be. However, as far as the specific system is concerned, the details are also very much in the unique consideration of legislators. In order to highlight the inheritance and local characteristics of the real property system in our country, from the perspective of the interpretation of the “Property Law”, this paper first briefly reviews the evolution of the mortgage system in civil law in mainland China,