| The thesis of this article is putting forward a new frame of interpretation on the foundation of the arrangement and thought of the past frames of interpretation relating to the object of right , and determining the category of the object of the right from this frame. Furthermore, this article comments on the concept of the property right on this foundation briefly. In the preface of this article, it analyzes the significance of the research on the object of right and the cause of beginning from the frame of interpretation, and it also makes clear the method of this article. In Part â… , this article analyzes the concept of the object of right from the angle of epistemology, demonstrating that the object of right is indeed the thing at which the right points. It also analyzes the relation between the object of right and the object of legal relationship briefly. From Part â…¡ to Part â…£ ,this article arranges the past frames of interpretation and makes comment on them. In Part â…¡,this article concentrates on the arrangement and comment of Kant's and Savigny's theory of the object of right. It holds that they noticed the relation between the theory of civil law and the ethic value, but when they determined the category of the object of right, their demonstration has some flaws. In Part â…¢,it analyzes the rules of German Code. Furthermore, it arranges and makes comment on the dominant frame of interpretation that the contemporary scholars in German hold. In this part, this article holds that the key of this frame is the separation of logics and values. This frame emphasizes the coherence of the logic thought, but its terminology is confused. Furthermore, it is a static interpretation, the same with the first frame. Part â…£ analyzes the Larenz's frame of interpretation. This article holds that he retrospect to the first frame to some extent and carry it out thoroughly. But it also leads to the logic break and insufficient of the interpretative power of this frame. In Part â…¤,this article puts forward a new frame of interpretation. The foundation of this new frame lies in the differentiation of the outer and inner system, and in the differentiation of logics and ethic value finally. But this differentiation isn't cut off the relation between them. Meanwhile, this article determines some factors that this new frame should notice, namely the relation between the object of right and right, the content of right, the subject of right. Furthermore, this frame realizes its dynamic state through bringing into the concept of the object of disposal act and connecting it with the object of right. In Part â…¥, this article analyzes the property right from this new interpretative frame. Finally, it inspects constitutionality of this frame. |
