Private Ownership: the Pivot of the Ownership System

Since Roman law, great as is its change, private ownership is always held the foundation and pivot of man’s property system, which has irreplaceable value to the respectable civilian life and political state. In China, both the Constitution and the Real Right Act expressly accept the primary status of public ownership and the latter specially specifies the state ownership and collective ownership, which is called a legal embodiment of public ownership. It seems that the tradition of civil law considering private ownership as the basis of ownership has been ignored. In this author’s opinion, private ownership should be deemed the pivot of China’s ownership system. Only so can the ownership in the Real Right Act be understood, and especially can the state ownership and collective ownership be correctly interpreted.