国家所有权民法保护论(On Civil Protection of the State-ownership)
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我国国家所有权的种种异化现象不得不让我们面对这个相当沉重的话题。《西北政法大学学术文库:国家所有权民法保护论》按照所有权二元化的思路,将国家所有权定性为与民法中私人所有权相并列的公共所有权。国家所有权的主体是民法意义的国家,客体是作为集合物的国有财产,其行使则需要通过用益物权制度来完成。国家所有权的这一民法结构表明国家所有权与私人所有权的功能差异,作为公共所有权的国家所有权只能是实现公共利益,而不能再假国家之名,假国有财产占有者私益之实。We have to face with this serious topic because of various alienation phenomena of state-ownership in China. Academic Library of Northwest University of Politics & Law: On Civil Protection of the State-ownership defines the state-ownership and private ownership in the Civil Law as communal ownerships according to duality of ownership. The subject of state-ownership is the country under Civil Law while the object is regarded as the state property and its application is completed through usufruct system. The Civil Law structure of the state-ownership indicates functional difference between state-ownership and private ownership. The state-ownership, as a communal ownership, is only to realize public benefit and can't enter upon a private property in the name of the country.
