物權法的“希爾伯特問題”

社會發展引發了與物權緊密相關的諸多重大疑難問題，它們為深度透視物權法基礎理論提供了新平臺，又為拓展物權法的體系效用提出了新要求。以物權法為原點，以體系關聯為主線，能逐層看到以下典型問題：〔1〕物權法對資料賦權模式的意義何在；〔2〕如何借助民法總論和法理學的知識豐富對政策等物權習慣法的認知；〔3〕怎麼釐定物權法和合同法交錯下的合同對抗力的底層邏輯；〔4〕家庭財產法中父母和未成年子女之間的物權歸屬和處分規則是什麼；〔5〕解讀商事擔保物權規範應如何對待民法制度邏輯；〔6〕怎樣辨析行政許可和物權變動的關係；〔7〕如何確定司法查封對物權限制的路徑；〔8〕工業革命基因的物權法怎麼因應資訊革命的科技變遷。對這些源自實踐的問題的縱深探討，會促成物權法學理的進一步發展，為此要深度挖掘物權法的基本制度功能，要貼近實踐找出事物發展規律，要進行有效的跨學科交融。

It is believed that the development of the society leads to many major problems relating to property, which provides new platforms for the research on fundamental theories in property laws and needs new requirements for the utility of property law system. With the analysis of property law as the origin and the relationships between legal systems, this article analyses following typical issues layer by layer. 1.What is the meaning of the mode of empowerment for data by the property law? 2.How to enrich the recognition of customary law in property by the knowledge of general theories in civil laws and jurisprudence? 3.How to explain the under lying logic for the confrontation effect of contracts by theories between property laws and contract laws? 4.What are the ownership and disposition rules between parents and children in family property laws? 5.How to explain commercial security rules under the logic in civil law systems? 6.What is the relationship between administration licensing and changes in property rights 7.How to clarify the path for judicial seizure to restrict property rules? 8.For the property law with genes of industrial revolution, how to deal with changes caused by technique development in information revolution? It is undeniable that deep discussions for these problems from practices would lead to the development for property law theories. Therefore, it needs to analyze fundamental functions in legal systems for property laws deeply, discover the development rules by the closing recognition of practices and make interdisciplinary researches efficiently.