| The Marxism ownership theory produces in 1840s in Western Europe. This time, the revolutionary struggle caused by the contradiction of proletariat and bourgeoisie urgently needs one kind theory promulgating the law of development of society the science to instruct. The Marxism ownership theory is adapts that. The content of the Marxism ownership theory is rich, mainly including the ownership definition, status, structure, function, role and influence and so on. The ownership is compatible with certain productivity and the social unify form of the economic subject and the economical resources and the resulting economic relations combined. As a direct response to the ownership of matter material may be owned, and in social production, assignment, exchange, consumption plays a dominant role, so ownership resides in the foundational status in the social economy system. The ownership structure is the ownership concrete form and its the proportion and the reciprocity which in the certain social economy exists. The ownership function mainly has three aspects: productivity function, system function, resource allocation function. After the Marxism ownership theory established, it has had the huge function and the widespread influence to modern and the contemporary history development.The property rights theory produces in 20th century 30's later periods, is produces in the critique legitimate economic flaw process and develops. The property rights theory mainly includes following several aspects: (1) Property rights concept and classification. The property rights is refers to the rights that the subject exercise to economic resources and the society recognizes, and the exercise of those rights arising from the process of interpersonal responsibility, rights and benefits relations. Looking from the right of object, the property rights may divide into: property rights, creditor's rights, stockholder's rights, intellectual property rights and so on;Looking from the property right of subject, the property right may divide into three kind of forms: the private property right, the common possession property right, the state-owned property right. (2)The property rights power. The property right including ownership, occupy power, use power, income power, obtain power and inherit power etc. on thecontents. (3)The property rights characteristic. The property rights has characteristic of decomposability, exclusiveness and exchangeability. (4)The property rights socialization. The so-called property rights socialization adapts the objective request of socialization production, some legal subject 's property rights are partial or completely the tendency and the process which by the social scope in more and more many legal subject, the members of different social classes is shared together, its essence is: The society gave each person to be possible to have, to exercise the society existing production resource all, the management, the use and so on the different property right authority and the opportunity, at the same time also entrusted with them from this to obtain the income the authority and the opportunity. (5) The property rights function. The property rights function includes: the resource allocation function, the incentive function, restraint function, support function. (6) Exterior nature, property right limits and transaction cost. The western property rights theory believed, the exterior nature causes the wrong resource allocation, only then the property rights is defined, in under the zero transaction cost premise, personal between only then may realize the resources optimization allocation through the contract, and solute exterior nature question. Saves the transaction cost is the property rights arrangement key. (7) Property rights system and modern enterprise property rights system. The property rights system is the property rights relations institution arrangement, is a series generic terms of rules about the property rights limits, operation, protection. The modern property rights system is the property rights system which adapts with the socialized big production and the modern market economy. The modem enterprise property rights system is the modern enterprise system core. The market economy needs the effective property right system to guarantee its movement. Property rights system in market economy function including three aspects: First, the existence of property rights system create the terms of market mechanism;Second, property rights system regarding market economy in the solution of exterior nature, anticipated forms the benefit to have the positive role. Third, the property rights system is the basic system molding the market main body.Through analyzing the ownership theory and the property rights theoryproduction background, the content and its the function, we can obtain the both is the dialectical unification. The ownership theory and the property rights theory first are interlinked, displaying in: (1) the ownership and the property rights system are the essential two stratification planes system in the social economy;(2) the ownership and the property rights system decide the people's economical relations in social economy process together;(3) from the society historical development, we can analysis the relation through the ownership vicissitude and the property rights socialization trend: (4)moreover, the both are interlinked also display in following several aspects: Looked from the both theories content and its the essence, the both all emphasized the essence of the ownership and the property rights are the human and human's relations;Looked from the both theories significance , the economic relations are the object of the two paying attention to the research together, also is the basic question which must solve;Looked from the both research technique , the both all unify the economic system to analyze the movement of social economy. In a certain sense, the property rights system also is a dimension of the ownership structure. The ownership theory and the property rights theory also are distinguishes: first, the ownership theory and the property rights theory are to research the different levels of the social economy system;second, the ownership theory and the property rights theory research technique has the different stress. Third, the respective content of the ownership theory and the property rights theory is different, the property rights system is the concrete application of the ownership;Fourth, the research value significance of the ownership theory and the property rights theory is different. From the theory and the realistic situation, the unification of the ownership theory and the property rights theory has the necessity, this display in following three aspects: First, this is to be decided by the flaw of the ownership theory in the economical movement. Next, this is to be decided by the flaw of the property rights theory. Once more, the developments of social economy request the dual instruction of the ownership theory and property rights theory. Moreover, the ownership theory and the property rights theory unify also has the significant theory and the practice significance. The ownership theory and the property rights theory are unique, each has its strong points,they supplemented mutually, only that can have the theory strength.In summary, the ownership theory and the property right theory are the dialectical unification relations. A realistic socio- economic operation and the economic relations are not to be all good without level of economic relations. In the socio-economic realities of life guidance, the ownership theory and the property rights theory have the unification of the theory and realistic necessity. |