Real right includes ownership, usufructuary right, security interest and possession. Among them, the power of ownership is the most comprehensive. In the origin of legal history, whether as a civil law system or as the ownership of civil rights, it can not be traced back to the ancient Roman law era and found its original ideas and patterns there. Roman law first referred to the term "ownership" as "dominium", which means the owner's "rule", "jurisdiction" or "control" over things. However, in view of the fact that the term is not sufficiently technical and is also used to refer to the general power of "my father" or the ownership of rights by any subject, it is not appropriate. Therefore, in the later period of the Roman Empire, ownership was called "proprietas" and used accordingly to the term "usufructus". About the 2nd century BC, the concept of ownership in Roman law was formally established. According to Roman law, ownership means that the owner exercises the most complete and absolute right to the property within the possible scope of facts and laws.

一、 General provisions on ownership

（一） Concept and content of ownership: possession, use, income and disposal

It is generally believed that ownership is the right to control things, and is the permanent and full real right of the owner to the things. The civil laws of other countries and regions define ownership in the way of specifying the content of ownership. There are the following situations: First, they make general provisions and emphasize the right of disposition. As stipulated by Germany, the owner of the property can dispose of it at will and exclude any interference from others, within the scope of not violating the law and the interests of the third party. Switzerland stipulates that the owner of a thing may dispose of it freely within the limits of legal norms. Second, it stipulates two specific contents, emphasizing the right to use and the right to dispose. As stipulated by Italy, within the scope of legal provisions and on the premise of complying with the obligations stipulated by the law, the ownership has the full and exclusive right to use and dispose of the property. France stipulates that ownership refers to the right to enjoy and dispose of things in a completely absolute way, except for the use prohibited by laws or regulations. The third is to stipulate three specific contents. Besides the right of use and the right of disposition, the right of income or the right of possession should be stipulated. As stipulated in Japan, the owner has the right to freely use, benefit from and dispose of the property within the limits of the law. Russia stipulates that the right of possession, use and disposal of property belongs to the owner of the property.

From Article 71 of the General Principles of the Civil Law to Article 240 of this Civil Code, "ownership" stipulates that one has the right to possess, use, benefit from and dispose of one's own property, that is, immovable property or movable property. Possession power refers to the power that the owner actually manages the subject matter, which is the premise and basis for the obligee to control the subject matter in reality; The right of use refers to the right of the owner to use the subject matter according to its nature and purpose to meet the needs of life; The income right refers to the right of the owner to collect the natural and legal fruits of the subject matter; The power of disposition refers to the power of the owner to dispose of the subject matter, thereby determining that the subject matter property belongs to a change or the physical form changes. The ownership also has negative power, which means that when the ownership is impaired or in danger of being impaired, the obligee has the power to exclude other people's interference, so as to restore the state of complete control over the subject matter. Because this right can only be displayed when it is illegally interfered, obstructed or usurped by others, otherwise it is only hidden but not obvious, so it is called negative power.

（二） Characteristics and characteristics of ownership: absolute right, integrity right and control right

The respect and protection of property rights is an important topic in the contemporary democratic and legal society. The content and form of property rights are diverse, among which ownership is the most important. Based on the above analysis, and based on the definition of abstract generalism, the meaning of ownership should be: the owner, within the scope of legal restrictions, is the property right of overall control over the property, or refers to the owner, within the scope of legal restrictions, is the property right of permanent, comprehensive and overall control over the subject matter. According to the foregoing analysis and definition, ownership has multiple characteristics or characteristics.

Different research institutions or scholars have roughly the same opinion about this: some claim completeness, integrity, permanence and elasticity, some claim integrity, sociality, ideality, elasticity and permanence, and some claim comprehensiveness, integrity, elasticity, permanence, sociality and ideality. These views are different. They summarize and condense the characteristics and characteristics of ownership, that is, an absolute right, a right of integrity, and a right of domination.

Derivation: Ownership is a kind of self property right. The owner can set up a usufructuary right and a security interest on his own real estate or movable property, which is also the specific embodiment of the owner's exercise of his ownership. The rights and functions of ownership can be separated from each other. Both usufructuary right and security interest are rights to others' things, so they are called "other rights". The civil law of modern countries and regions implements the principle of efficiency, and has gradually abandoned the traditional civil law's practice of focusing on the physical disposition of things and the ownership of property, instead of focusing on the domination and utilization of property value forms. The modern laws on property of the two legal systems, the continental law system and the common law system, fully reflect the concept of real right centered on "utilization". Ownership is the origin and basis of other real rights. The transfer of possession and use of the property, or the setting of security for others based on the value of the property, is the exercise of various rights in the ownership by the owner. Article 241 of the Civil Code stipulates: "The owner has the right to establish a usufructuary right and a security interest in his real estate or chattel. The usufructuary right holder and the security interest holder may not damage the rights and interests of the owner when exercising their rights."

（三） Restrictions on ownership: expropriation, requisition, rescue and relief, epidemic prevention and control

The restriction of ownership refers to the prohibition of one or more aspects of ownership as positive or negative functions, so that the owner can be bound and bear certain obligations. The limitation of ownership content and the obligation of the owner are mutually exterior and interior.

In the Roman law period, although ownership was characterized by individualism, absoluteness, exclusiveness and sustainability, the rights of property owners in this era were also subject to certain restrictions. For example, from the beginning of the Twelve Copper Tables Act to the imperial period, the restrictions on ownership in Roman law have always existed, and are mainly manifested in four aspects: first, the restrictions on ownership based on neighboring relations; The second is the restriction of ownership based on the needs of public interests; Third, restrictions on ownership based on the need to protect religious interests; Fourth, restrictions on ownership based on humanitarian and moral matters.

Since modern times, legislation has gradually emphasized the sociality of ownership to limit the absoluteness of ownership. The core is to limit the exercise of ownership by combining public law and private law norms. Specifically, in private law, the exercise of ownership is restricted by the principles of good faith, public order and good customs, and prohibition of abuse of rights; In terms of public law, the exercise of ownership is restricted through specific systems such as expropriation and expropriation.

The Civil Code stipulates in the basic principles that civil subjects should follow the principles of good faith, public order, good customs and prohibition of abuse of rights when engaging in civil activities. It calls for the lawful and reasonable exercise of rights as a unified restriction on the exercise of various rights. In the property rights section, the restrictions on ownership based on public interests and urgent needs are specified through the three clauses 2413 to 245. At the same time, the author also sorted out the provisions on "expropriation and requisition" in the Civil Code. The specific contents are as follows:

Derivation: Ownership is closely related to ownership. Ownership is the embodiment of ownership in law, and the essential attribute of ownership is determined by the ownership of a certain social form. Since the form of possession of means of production is an important part of production relations, ownership of means of production has become a concentrated expression of production relations, which is usually used to express specific production relations. At the same time, the law regulates the relationship between people, not between people and things. Rights reflect social relations. The ownership of civil law is based on the property relationship between the owner and others. Civil law talks about ownership, not only about the owner's right to the property, but also about the relationship between the owner and others.

The above is the general provisions on ownership. As for the specific content of ownership and how to classify it, the author collates the contents of Chapter V to Chapter VIII of the Title Division of the Property Code of the Civil Code. The mind map is as follows:

二、 According to the subject, the types of ownership are divided into national ownership, collective ownership and private ownership

（一） State ownership

State ownership, as a form of ownership under socialist conditions, is the right of the state to possess, use, benefit from and dispose of state-owned property. Its essence is the legal expression of ownership by the whole people. As state ownership is the legal embodiment of ownership by the whole people, the state exercises ownership on behalf of all the people, and it has no special interests in itself. The enjoyment and exercise of state ownership are ultimately to meet the material and cultural needs of the masses.

1. Exercising subject of national ownership: the State Council or the competent department stipulated by law

Basically, the state ownership is not directly exercised by the state, but is exercised by specialized agencies or units on behalf of the state. Article 246 of the Civil Code stipulates: "Property owned by the state according to the law belongs to the state, that is, to the public. State owned property shall be exercised by the State Council on behalf of the state. If the law provides otherwise, such provisions shall prevail."

(1) Provisions of the Civil Code

Article 255 of the Civil Code stipulates that: "State organs have the right to possess, use and dispose of the immovables and movables directly under their control in accordance with laws and regulations and the relevant provisions of the State Council." In the sense of state-owned property management, state-owned property is generally divided into operational property, non operational property and resource property. This part of the state-owned property directly controlled by the state organs is mainly used to maintain the normal operation of the state machinery rather than for business operations, and belongs to non operational assets. The special purpose and non appreciation of non operating state-owned assets determine that they are mainly allocated by the state through financial allocation and administrative allocation, and occupied and used by state organs. The "state organs" here include legislative organs, administrative organs and judicial organs; It refers to both central and local state organs. The exercise and supervision of state-owned property has its particularity, so it is not enough to rely solely on the provisions of property rights. It is also necessary to formulate a state-owned property management law, distinguish between operational property and non operational property, and establish different management systems.

Article 256 of the Civil Code stipulates: "State run institutions shall have the right to possess, use, benefit from and dispose of the immovables and movables under their direct control in accordance with the law and the relevant provisions of the State Council." The state-owned assets of public institutions shall be uniformly owned by the state, supervised by the government at different levels, and owned and used by units. The state-owned assets of public institutions include the assets allocated by the state to public institutions, the assets formed by the income of public institutions from the use of state-owned assets in accordance with state regulations, as well as donations and other assets recognized as state owned by law. Their manifestations include current assets, fixed assets, intangible assets and foreign investment. The property of public institutions run by the state has both the nature of non operating state-owned assets and, to a certain extent, the characteristics of operating state-owned assets.

(2) Provisions of other separate laws

State ownership is exclusive to the state and can only be owned by the state and not by any other person. Article 242 of the Civil Code stipulates that "any organization or individual cannot acquire ownership of immovables and movables that are exclusively owned by the state according to the law." State exclusive property cannot be owned by others, and ownership cannot be transferred by any means of circulation such as exchange or donation. The state enables organizations or individuals to obtain ownership of state-owned property by creating usufructuary rights or quasi real rights, and these rights of use based on ownership can be traded according to the provisions of the law . The great significance of this provision lies in the implementation of China's basic economic system stipulated in the Constitution from the perspective of private law through the Civil Code, the basic law regulating civil legal relations, and the comprehensive civil law protection of state ownership, which also provides a basic legal basis for state-owned property to participate in civil activities according to law.

(2) The object scope of state ownership

As the old saying goes, "Under the whole world, there is no royal land; there is no royal courtier." Today, 9.6 million square kilometers of beautiful rivers and mountains are owned by the whole people. Of course, the state cannot arbitrarily define the scope of the object of state ownership by virtue of its public power. "Taking the law as the basis and making the state-owned property regulated by the law, fundamentally speaking, is to make the state, as the subject of ownership, subject to the common interests of the ruling class and the objective needs of production. " The state property includes both operational property and administrative public welfare property, which can only be owned by the state and cannot be enjoyed by other civil subjects. Articles 247 to 254 of the Civil Code list the object scope of state ownership, and the logical thought map arranged by the author is as follows:

Note: State ownership of uninhabited islands has been added to the Civil Code. This article is to incorporate the content of Article 4 of the Island Protection Law into the Civil Code. The uninhabited island is different from the inhabited island, where no residents cultivate for generations, and has been excluded from the vision of the rural land ownership system. On the one hand, historically, because uninhabited islands do not have the institutional causes for collective land ownership, the view that uninhabited islands belong to collective ownership lacks legal basis. On the other hand, from the perspective of comparative law, all maritime countries attach great importance to the legislation of uninhabited islands to regulate the protection and management of uninhabited islands. The uninhabited islands have significant political, national defense and economic interests for the state. The state ownership of uninhabited islands is conducive to the unified planning, long-term construction and development of uninhabited islands by the state or government agencies for the sake of public interests.

Note: Article 257 of the Civil Code stipulates that "the State Council and the local people's government shall, in accordance with the provisions of laws and administrative regulations, respectively perform the functions and enjoy the rights and interests of the investor on behalf of the state for the enterprises invested by the state." According to the relevant provisions of the Law of the People's Republic of China on the State owned Assets of Enterprises and the Interim Regulations on the Supervision and Administration of State owned Assets of Enterprises, the state-owned assets of enterprises are owned by the state. The State implements a state-owned assets management system in which the State Council and the local people's governments respectively perform the functions of investors on behalf of the State, enjoy the rights and interests of owners, unify rights, obligations and responsibilities, and manage assets, manage people and manage affairs. State funded enterprises include enterprise legal persons, wholly state-owned enterprises, state-owned holding enterprises, state-owned equity participation enterprises, Sino foreign joint ventures, Sino foreign cooperative enterprises, etc. whose assets are wholly owned by the State but do not have a corporate form.

3. Measures to protect State ownership

(1) Prohibition of infringement of state ownership

Article 258 of the Civil Code stipulates that "State owned property shall be protected by law, and no organization or individual is allowed to seize, plunder, privately divide, detain or destroy it". This article inherits and inherits Article 12 of the Constitution, Article 73 of the General Principles of Civil Law and Article 56 of the Property Law. The significance of the provision of the civil law that the property owned by the state is protected by law lies in that the civil law is adopted to protect the state-owned property, that is, the state, as the subject of ownership, enjoys the ownership of all its property, just like other civil subjects. When its property is infringed, the state can also safeguard its civil rights and interests by filing civil proceedings, just like other civil subjects.

When the property owned by the state is infringed, if the organ, institution, enterprise or state-owned assets supervision and administration institution that has the right to directly control the property files a civil lawsuit on behalf of the state to safeguard the ownership of state-owned property, the people's court shall accept and protect the state-owned property by using civil liability methods such as stopping the infringement, returning the property, restoring the original state and compensating for losses according to law.

(2) Responsibilities of State owned Property Supervision Institutions and Their Staff

Article 259 of the Civil Code stipulates that: "Institutions and their staff performing the duties of managing and supervising state-owned property shall strengthen the management and supervision of state-owned property in accordance with the law, promote the preservation and appreciation of state-owned property, and prevent the loss of state-owned property; those who abuse their power, neglect their duties, and cause the loss of state-owned property shall bear legal responsibility in accordance with the law. In violation of the provisions on the management of state-owned property, in the process of enterprise restructuring, merger and division, affiliated transactions, etc., they transfer at a low price and conspire to divide privately Those who provide guarantees without authorization or cause losses to state-owned property in other ways shall bear legal liabilities according to law. "

（二） Collective ownership

1. Exercising subject of collective ownership

(1) The exercise subject of rural collective ownership is collective ownership by collective members

According to the first paragraph of Article 261 of the Civil Code, the immovables and movables owned by peasant collectives are collectively owned by the members of the collective. "Collectively owned by the members of the collective" means that the members of a collective organization shall, in accordance with the provisions of law, jointly enjoy the right to possess, use, benefit from and dispose of the property that belongs to the collective according to law. In this form of ownership, the rights of the members of the collective are mainly embodied through the rights of members. Membership rights are divided into self beneficial rights and co beneficial rights. Collective members realize their benefits through self beneficial rights and exercise collective ownership through co beneficial rights. The characteristics of farmers' collective ownership are collective ownership of collective property, collective management of collective affairs, and collective sharing of collective interests.

According to the second paragraph of Article 261 of the Civil Code, the characteristics of collective ownership require democratic management of collective affairs. Matters involving the significant interests of collective members must be decided by the collective members in accordance with legal procedures. To sum up, these matters are closely related to the vital interests of the collective members and are related to the major issues of the collective, including: land contracting schemes and contracting of land to organizations or individuals outside the collective; Adjustment of contracted land among individual land contractual management right holders; The methods for the use and distribution of land compensation fees; Changes in ownership of collectively funded enterprises; Other matters stipulated by law.

According to Article 262 of the Civil Code, it is stipulated who represents the collective ownership of the collectively owned real estate. The ownership of collectively owned land, forests, mountains, grasslands, unreclaimed land, beaches, etc. shall be exercised in accordance with the following provisions: if it is collectively owned by village farmers, the village collective economic organization or villagers committee shall exercise the ownership on behalf of the collective according to law; If they are respectively owned by two or more peasant collectives in the village, the collective economic organizations or villagers' groups in the village shall exercise the ownership on behalf of the collective according to law; If it is collectively owned by the peasants of a township, the township collective economic organization shall exercise the ownership on behalf of the collective.

According to Article 264 of the Civil Code, collective members have the right to know about collective property. The important premise of the realization of the right to know is to obtain information, and the implementation of information disclosure is an important due process to ensure the realization of the right to know. Therefore, rural collective economic organizations or villagers' committees and villagers' groups shall disclose the status of collective property to the members of the collective in accordance with laws, administrative regulations, articles of association and village rules and regulations. Including changes in the total amount of property, changes in ownership, use of collective property, distribution of collective property, etc. Collective members have the right to consult and copy relevant materials.

(2) The exercise subject of urban collective ownership is the collective economic organization

Article 263 of the Civil Code stipulates that "the collective in an urban area shall have the right to possess, use, benefit from and dispose of the immovables and movables owned by the collective in accordance with the provisions of laws and administrative regulations." Collective ownership is an important part of public ownership, while urban collective ownership economy is a basic part of our socialist public ownership economy. The state encourages and supports the development of urban collective ownership economy. According to Article 4 of the Regulations on Enterprises under Collective Ownership in Cities and Towns, enterprises under collective ownership in cities and towns are socialist economic organizations whose property belongs to the collective ownership of the working people, who work together, and whose distribution mode is based on distribution according to work.

The urban collective economy has played a pivotal role in the long-term development of China's socialist economy. After the founding of the People's Republic of China, the state transformed agriculture, handicrafts, and capitalist industry and commerce, and implemented cooperation. By the end of 1956, the collective economy of the People's Republic of China had basically taken shape. At that time, the collective economy of handicraft cooperatives had reached 13.6 billion yuan, which played an important role in supporting the establishment of a relatively complete socialist industrial system in China. For a long time, the urban collective economy has made positive contributions to meeting market demand, especially when China's employment pressure is relatively high, which has solved the employment of a large number of workers. For example, in the 1960s, idle people were organized to take up jobs, and in the late 1970s, educated youth returned to the city and their children were arranged to find jobs, making great contributions to expanding employment.

As early as in the formulation process of the Property Law, how to regulate the collective ownership of cities and towns has always been a controversial issue. The historical background and capital composition of urban collective enterprises are far more complex than those of rural collective economic organizations or township enterprises. Some enterprises initially invested in shares by individuals in cash or in kind at a discount, and later some returned their original shares, while others did not return their original shares; Some enterprises are mainly financed by loans. The state and other parties have not invested, but the state has provided policy support. In recent years, great changes have taken place in urban collective enterprises through enterprise restructuring, and the reform is still deepening. However, the patterns formed through restructuring are also different. Therefore, the ownership of urban collective enterprises should be specifically stipulated by relevant laws and administrative regulations when practical experience is relatively mature.

2. The Object Scope of Collective Ownership

According to Article 260 of the Civil Code, the scope of collective ownership objects is as follows:

3. Ordinary limitation of action is three years

(1) Prohibit infringement of collective ownership

The first paragraph of Article 265 of the Civil Code stipulates: "Collectively owned property is protected by law, and no organization or individual is allowed to encroach, plunder, privately divide or destroy it." In accordance with the provisions of this Article, no organization or individual other than a collective economic organization may infringe upon the rights to property owned by the collective, including when the State expropriates or requisitions property owned by the collective, it shall also do so in accordance with the law, and shall not infringe upon the rights to property owned by the collective. At the same time, members of collective economic organizations, as well as the actual managers and operators of collective property, are required not to infringe on the property rights owned by the collective and the legitimate rights and interests of other members. The exercise of collective ownership by the above-mentioned persons should also be carried out in accordance with laws, regulations, the articles of association of collective economic organizations and village rules and regulations.

(2) The aggrieved collective member may request the people's court to revoke the decision

The second paragraph of Article 265 of the Civil Code stipulates: "If a decision made by a rural collective economic organization, villagers' committee or other responsible person infringes upon the legitimate rights and interests of a collective member, the aggrieved collective member may request the people's court to revoke it." The decision refers to the act of disposing of collective property in violation of laws, administrative regulations and the articles of association of the collective organization. The legitimate rights and interests of the collective members mentioned here are not the rights and interests of the collective members as an individual independent of the civil subject in the collective organization, but the legitimate rights and interests of the collective members in the collective organization.

（三） Private ownership

Here, private is a concept corresponding to the state and the collective, including not only Chinese citizens, but also foreign citizens and stateless persons who legally own property in China; It includes not only natural persons and "households" (such as individual businesses and rural contracted businesses) composed of several persons with specific status relationships, but also non-public enterprises such as sole proprietorship enterprises and individual partnerships. Coincidentally, some people believe that the "private" used in the private ownership system should be understood as natural persons, individual businesses, sole proprietorship enterprises, partnerships, Sino foreign joint ventures, Sino foreign cooperative enterprises, joint stock companies, limited liability companies, schools, hospitals, temples and other subjects.

1. Exercising subject of private ownership

(1) Natural person

A natural person has the right to possess, use, benefit from and dispose of his property according to law, and no organization or individual may illegally interfere with it. All natural persons, regardless of whether they are adults or not, and whether they have the capacity to act, are qualified as the subject of private property ownership.

(2) Legal person

Article 269 of the Civil Code stipulates: "A profit-making legal person shall have the right to possess, use, benefit from and dispose of its immovables and movables in accordance with laws, administrative regulations and the articles of association. Legal persons other than profit-making legal persons shall apply the provisions of relevant laws, administrative regulations and the articles of association to their rights over their immovables and movables."

Article 270 of the Civil Code stipulates: "The immovables and movables legally owned by social organizations and donor legal persons shall be protected by law."

2. The object scope of private ownership

Note: Article 268 of the Civil Code stipulates: "The state, the collective and the private may invest to establish a limited liability company, a joint stock limited company or other enterprises according to law. If the state, the collective and the private own real estate or movable property is invested in the enterprise, the investor shall enjoy the rights and perform the obligations of asset returns, major decisions and selection of managers according to the agreement or the proportion of investment." This provision involves the investment form of ownership subject and the content of maintaining and increasing the value of ownership, which is also an important form of ownership exercise. It also clarifies the connection between ownership and corporate property rights, equity and other rights.

3. Protective measures for private ownership

Article 267 of the Civil Code stipulates that "private legal property is protected by law, and no organization or individual is allowed to encroach, plunder or destroy it". This article is a continuation of Article 13 of the Constitution and Article 75 of the General Principles of the Civil Law, and establishes equal protection, comprehensive protection and legal protection of private ownership, national ownership and collective ownership.