论物上利益及其基础上的物权法体系

以物上利益为核心的物权法体系是物上利益———基本性物权———辅助性物权———综合性物权———包含有物权的综合性权利所组成的网状结构 ,它以物上利益为核心 ,以存在于现实生活中的广泛多样的各种综合性权利为最终边界 ,是一条完整的从抽象到具体 ,从理论到实践的联通。基本性物权是物权法体系中直接反映物上利益的物权种类 ,物上利益在法律中物化的第一步就表现为基本性物权 ,整个物权法体系就是架构在基本性物权这几根支柱之上的 ,考察物权与物上利益的联系程度 ,基本性物权应该包括 :使用权、价值权、收益权和现代意义上的占有权

On Estate Benefit and the System of Estate Ownership Law Based on Estate Benefit

The system of estate ownership law,whose core is estate benefit,is something like a net composed of estate benefit, fundamental estate ownership, auxiliary estate ownership,compositive estate ownership and compositive ownership containing estate ownership,and a variety of compositive ownerships which exist in realistic life are its verges.So the system of estate ownership is a bridge from abstraction to concretion and from theory to practice. Fundamental estate ownership is a kind of estate ownership which straightly reflects estate benefit in the system of estate ownership law.The first step of materialization of estate benefit in law is just the fundamental estate ownership.The whole system of estate ownership law is based on several kinds of fundamental estate ownerships.Considering the connective degree between estate ownership and estate benefit,the fundamental estate ownership should include using right, value right, yield right and occupation of modern meaning.