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本文旨在通过对所有权变迁的梳理,尤其是从《法国民法典》到《德国民法典》间所有权内涵的演变,从而分析并得出民法理论的思想是一个从自由主义向国家主义发展的脉络,但是这种发展的弊端是对个人权利的极大损害,乃至不利于国家向现代国家的转变。我国在建国后的一段时间所采用的是国家主义立法理念,这种理念在当今社会主义市场经济条件下的不适应性使得我们需要重新反思究竟用何种法律理念去引领未来。
The purpose of this paper is to analyze and derive the idea of civil law theory as a context from liberalism to nationalism by combing the changes of ownership, especially the evolution of the connotation of ownership between the French Civil Code and the German Civil Code However, the drawbacks of this development are the great damage to individual rights and even the transformation of the state from the state to the modern one. The period of our country after the founding of New China was dominated by the notion of nationalist legislation. The incompatibility of this notion in today’s socialist market economy has made it necessary for us to rethink the legal concepts used to lead the future.