一、产权概念和产权理论在研究经济秩序方面的特点 产权是什么?仅就这个问题而言,国内学者的争议很大。援引马克思主义经济学关于所有权定义的学者,认为产权就是所有权,就是“某个主体拥有作为其财产的某个客体所得到的法律上的承认和保护”,是“法律对于事实上的所有的认可”。而许多深受现代产权经济学启发和影响的学者,则认为产权不是所有权,或者至少不完全等同于所有权。因为产权是“在市场交易过程中财产作为一定的权利所必须确立的界区”,强调的是“市场交易中所必须遵循的法则”。而所有权则不然,它所强调的是“财产的最终归属”关系。 本文并不想详细地评价这两派学者对产权、所有权的不同定义和理解,只想指出:在这个问题上,我国学者可能确实存在着或过于武断,或过于苛刻的缺陷。过于武断的一方表现在:他们在 First, the concept of property rights and property rights theory in the study of economic order What are the property rights? Only on this issue, the domestic scholars have a lot of controversy. Scholars who cite the definition of ownership in Marxist economics hold that ownership is property right, that is, “the legal recognition and protection afforded by a subject as possessing an object as its property” and “recognition by law of all de facto ”. However, many scholars inspired and influenced by the modern economics of property rights argue that property rights are either not ownership, or at least not completely equal to ownership. Because property rights are “the precincts that property must be established as a certain right in the course of market transactions” and emphasize “the rules that must be followed in market transactions.” The ownership is not, it emphasizes the “ownership of property” relationship. This article does not want to evaluate in detail the different definitions and understandings of property rights and ownership of these two schools of scholars. I only want to point out that Chinese scholars may indeed be overly arbitrary or overly harsh on this issue. The one who is too arbitrary is: they are