论物权平等保护原则-民商法学专业论文.docxVIP

PAGE PAGE 1 2 2 Abstract Under the condition that the ownership law has been legislated,this thesis research the debate of ownership-protected equally principle in the legislative process. It explores the causes of the debate,analyses theses causes,clarifies the key questions and provides theoretic bases for the ownership law.In the end,it draws a series of conclusions:Firstly, the establishment of ownership-protected equally principle derived from priciples of civil law;Secondly,the philosophical meaning of equlity in civil law embodies formal equlity;Thirdly,equlity is not only one of the civil law principles but also the fundamental principle of ownership law;Fourthly,that all kinds of ownership are protected equally does not violate the constitution;Fifthly, ownership-protected equally principle permits the special articles for public and private properties;Sixthly,the differentiation between public and private laws does not contradicate with the effectiveness differences between civil law and the constitution;Seventhly,the sketch of ownership law is different from the ownership law.The latter embodies the ownership-protected equally principle. The thesis has five main parts as follows: PartⅠgenerally discusses the conception of equality and analyses the meaning of the conception in the ownership-protected equally principle. Equality has two fundamental meannings: Be equal to and the average. Because of personal and social differences and the blurry standard of distribution,these two meaning can not be realized.But this can not prevent people from pursuing this equal idea.Classfying the equlity also opens out the contradition and reconciliation and argues that the equlity of civil law is formal equlity. Part Ⅱdiscusses the debate of ownership-protected equally principle. Firstly,it answers why the General Principles of the Civil Law didn’t incur debate but the twenty years later the owernship law incured considerable resistance. Face to face why equal relati