State Property Ownership Theory Newly Search

The former Soviet Union jurists join together the political and economic situation, established state property ownership theory under the Marxism theory's guiding, Although the theory has improved rapid development economy of the former Soviet union, people discovered that the theory already could not instruct the practice of production well. Our country jurists also cannot achieve the unification on state property ownership theory, has multitudinous dispute in legislation. The author utilizes the dialectical materialism theory, analyses and finds that state property ownership and stockholder's rights have inseparable relation, clarifies some dispute questions in the legal science theory when study the two theory altogether, such as state property ownership,the legal person property rights and the essence of stockholder's rights all can be able to explain.This paper is trying to study by two routes :first, the paper trying to prove the civil main body status of nation and legal person from property ownership relations of natural person and legal person, demonstrates that nation and legal person are also independent main civil body, effectively solves the flaw of state property ownership and legal person property rights; Two, this paper refers to trust legal relationship theory of the English America legal system, using dialectical materialism viewpoint, illuminates that state property rights and the stockholder's rights are also one kind double-decked progressives civil legal relationship, and designs the legal framework which is new layered progressives.The full thesis is divided into five parts besides the preface and the epilogue.The first part is mainly introduced state property ownership theory history and the influence in our country, it introduces main content of state property ownership theory, analyzes the flaw of state property ownership theory, and proves the civil main body status of the central authorities,the property agency and so on, also puts forward the legislation proposal.The second part is introduced legal person's nature, It analyzes that property rights of natural person will lost when he invest property into legal person, has established legal person's civil main body status, indicates the flaw of legal person property rights theory, finally proposes the confusion of natural person and the nation when they invested.The third part refers to the trust legal relationship of the English America legal system, compares relationship between trust property rights and stockholder's rights, indicates that the essences of two theory is both " accept property of other person, administration property to other person ", thus has inspired double-decked relational theory of the stockholder's rights and the property rights.The fourth part introduced several view points of nature of stockholder's rights, subsequently using progressive method, proves that complete property rights is the simple way of human utilizing property, jus in ve aliena is the human relatively complex way of utilizing property, but stockholder's rights is leap way of human using property, the essence of this kind of change is transformed from directly control of property to indirectly control of property, thus has established the legal framework which is new double-decked progressives.The fifth part is a new legal structure. It mainly analyzes nation,legal person and natural person's equal main body status in the civil legal relationship, simultaneously points out that nation can give priority to development property of nation owned system through legislation which should safeguard the main body status of the public ownership system, and which should not contradictory with equal principle of the civil law.