Study On Philosophy Foundations Of Property Right

The development of the foundations of property can be divided into the following steps: the morality theory of property right, the will theory of property right, the common good theory of property.The morality theory of property right treats the morality as the foundation of property right. It argues the reasonableness through the value of good. The propositions of this theory are: naturalism understanding of the world order and teleological understanding of human being. It adds the morality control to property right system. From the ancient time to 17 and 18 century, this theory occupies the determinable position in both theoretical world and practice.The will theory of property right treats the will as the foundation of property right. It argues the reasonableness through the will. The propositions of this theory are: mechanical understanding of the world order and self-sufficient understanding of human being. The will replaces the morality. The sanctity of private right and autonomy of private law were recognized by the legislation of 19 century.The common good theory of property right treat the social common good as the foundation of property right, and argue property right from the aspect of social common good. Its foundation is the understanding to the order systematically and people's socialism, and social common good replaces the individual will. The internal obligation of property right is providing services for social common right. In the latter part of 20 century, the legislation of private law and public law, and especially of the social legislation is the embodiment of this change.The limitation to property right from the idea of common good is a concession from the aspect of social justice. However, the modus making the property right relativization debases the value and status of property right, and this leads to the great distance on the way of socialism. Under the lure of ideality of social equality, property right sinks into a decline inevitably.Based on the important status of property right in the human social history, we should establish new groundwork for it, and build up authority to it. The author thinks we should take the harmony as the new foundation of property right. We should take the balance of legal interest as the foundation, and realize the harmony of intersubjective relation. And among these, the proper structure of property is the crucial elements.