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所有权和自由是德国法中两个至关重要的概念。本文作者通过对德国法中所有权及自由概念的确立、发展及完善的阐述和剖析,揭示了所有权和自由的历史内涵。他指出,所有权是一项基本的宪法权利,它承担着保障宪法权利享有者在财产法范围内的自由地位并使其能够以自担其责的形式生活的重任,对所有权的允许和保护是一个有组织的国家不可或缺的根基所在,只有在此基础上才能实现自由的市场经济。同时,他也指出,在承认所有权重要意义的同时,必须看到过分强调个人财产所有权和自由权利的危害,国家应该致力于保证财产所有权既不损害安全,自由和生存,也不损害周围人的财产所有权。
Ownership and freedom are two of the most important concepts in German law. By elaborating and analyzing the establishment, development and perfection of the concept of ownership and freedom in German law, the author reveals the historical connotation of ownership and freedom. He pointed out that ownership is a basic constitutional right which assumes the important task of protecting the enjoyment of the constitutional rights of the free status within the scope of the property law and enabling it to live on its own account. Permission is granted and protected The indispensable foundations of an organized nation lie in a free market economy based on this. At the same time, he also pointed out that while recognizing the importance of ownership, we must also see the danger of overemphasizing the ownership and freedom of personal property and that the state should commit itself to ensuring that property ownership will not undermine security, freedom and survival, nor damage the people around us Property ownership.