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新颁布的《中华人民共和国物权法》在第五条明确规定:物权的种类和内容,由法律规定。尘埃落定,《物权法》明确了物权法定原则是其基本原则之一。可是,对物权法定原则的争论依旧热情高涨。本文分三个部分,首先阐述物权法定原则的必要性;接着提出了对传统物权法定原则的合理修正;最后论证了社会主义经济发展特殊阶段下,物权法定如何适应新形式的需要。
The newly promulgated “Real Right Law of the People’s Republic of China” stipulates clearly in Article 5 that the types and contents of real rights are prescribed by law. The dust settles, “Property Law” clearly the legal principle of property is one of its basic principles. However, the controversy over the legal principle of real rights remains hot. This article is divided into three parts, first of all, the necessity of the legal principle of real rights is elaborated; then, the reasonable amendment of the legal principle of the traditional real rights is proposed; Finally, the necessity of how the real right law adapts to the new form under the special stage of socialist economic development is demonstrated.