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目前正值物权法制定之际,这也许是对物权法上的一些基本概念和原则进行反思和研究的最好时机。很多概念和原则往往已在教学之中视为理所当然,但是如果对之缺乏清晰的历史认识和反思,就无法明了其产生的条件、意义及其在法律体系中的功能,难免受盲人摸象之讥。本期热点笔谈之目的,即是期望在这方面作一尝试,希望能为学界提供一个不同的视角,也希望对物权法具体制度的研究有所裨益。本期笔谈由华东政法学院金可可博士筹划并组稿,在此特致谢意。
At the moment when the Property Law is enacted, this may be the best time to reflect and study some basic concepts and principles of the Property Law. Many concepts and principles are often taken as a matter of course in teaching. However, without a clear historical understanding and reflection on them, it is impossible to understand the conditions, the significance and the functions they have in the legal system. It is inevitably borne by blind people. The purpose of this hot topic is to look forward to making a try in this respect. It hopes to provide a different perspective for the academic community and hopefully it will also benefit the study of the specific regime of property law. In this issue, I would like to express my special gratitude to Dr. Jin Keke, East China University of Politics and Law for his planning and compilation.