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Marx Ownership Thought

Posted on:2004-10-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:H X HuangFull Text:PDF
GTID:1116360092485278Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Marx's thought of proprietary rights is a scientific theory system, which adopts historical materialism as its basis and harmoniously combines Marx's economic and legal thought into a whole. However, due to the influence of Marxism theories of "futility", "out-of -fashion" and "limitation", the thought confusion caused by the translation of western theory of property right into China, and the separated research on the complete thought system by the scholars in economics and law, its professional and systematic studies therefore haven't been developed by the academic circles. To a great extent, this obstructs our realization and use of its significant theoretical value and practical guidance role.Never had Marx written any professional works or articles on proprietary issues, so his statements about it were scattered in his numerous writings from his youth till the evening of his life. Despite this, his thought of proprietary rights still possesses many features, that is, abundant contents, profound connotation and complete system. In his Capital and other manuscripts not least of all, incisively and vividly, Marx elucidated his attitude towards the issue of proprietary rights on system and operation levels, through which his thought of proprietary rights was embodied perfectly and concentratedly, which determined my research emphasis. "Detailed account", which is focused on some systematic analysis and classified arrangement about original work, is both a research basis and a fundamental approach; being a study on the Marx's thought, this article also adopt some other major research method such as a means of economic analysis, historical analysis, intergrative analysis and dialectical analysis, which were consistently advocated and followed by Marx.After a thorough study we find that Marx's thought of proprietary rights is a synthetical reflection of other theoretical accomplishments, and its thought history is a vivid portraiture of his legal thought history; his theory of proprietary rights quality excels in the fact that, with a close analysis about the actual situation between the mutual relationship of ownership, possession, and proprietary rights during the capitalism production process, he drew a further scientific conclusion that it is ownership system that created and determined proprietary rights which is a reflection of human relationship; on the basis of his original theory "three stages of social development state", with a masterstroke of the social- economic relationship, the mutual relationship and its change between human value and status, Marx systematically researched the phenomenon of proprietary rights in terms of its history, nature and features, and proved that proprietary rights meant historical rights instead of natural rights; while analyzing the structure of proprietary rights, Marx attentively distinguished the basic powers and functions of proprietary rights and other related rights forms, thus clearly revealing the internal structure and realization system of proprietary rights, and founding his teaching on integration and separation of property rights; upholding the narrating principle-integration of logic and history, with the study on some specific patterns of proprietary rights such as ownerships of land, workforce and capital, etc., Marx expounded and proved the nature and rule of proprietary rights on condition that human beings depended on objects in the society; Marx adopted some analysis methods and theory principles which are complete, productive, historical and economic, his thought of proprietary rights therefore possesses a distinct theory character growing with our society, which should be esteemed as a superior and first-choice theory to innovate China's ownership system, consummate property law, and overcome the defects in western theories of property right.
Keywords/Search Tags:proprietary rights, system of ownership, possession, proprietary rights of capital
PDF Full Text Request
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