所有权制度是物权立法的核心,《物权法草案》专以第二编加以规范。但在我国,所有权的性质及其具体制度的设计,历来被笼罩着一团迷雾,其轮廓依稀可见,真实面目却难以辨识。表现在立法活动中,包括学者建议稿在内的各种物权法草案,对国家所有权、集体所有权和公民个人所有权之区分的立法态度迥异,迎合者有之,拒斥者亦有之。《物权法草案》第四章和第五章的大部分条文,就属于前一情况。此种立法态度的分歧,主要原因应该是立法者和学者 Ownership system is the core of the real right legislation, “Property Law” specifically to regulate the second part. However, in our country, the nature of ownership and the design of its specific system have always been enveloped by a cloud of fog. The outline is faintly visible and the real thing is hard to identify. In legislative activities, the various draft laws on property rights, including scholar’s suggestions, have very different legislative attitudes toward the distinction between state ownership, collective ownership and individual citizenship. Most of the provisions in Chapter 4 and Chapter V of the Draft Property Rights Law belong to the former case. The main reason for such differences in legislative attitude should be legislators and scholars