当代经济被称为金融经济,它是以流动性和效率性为核心的经济,财产权利中的行为性权利在某种意义上比归属性权利更重要,是保障财产价值增加或损失减少的核心权利。但是,在我国目前财产冻结的法规中,并没有区分金融性财产和消费性财产,将财产的价值性权利与行为性权利一并冻结。虽然在近期的规定中对此有所考虑,但还没有将其作为原理性问题进行统一规定。[1]这不仅侵犯了当事人的财产权益,同时给其带来了潜在的财产损失,甚至出现了导致许多企业破产、引发群体性事件等不良社会效果的现象。因此,在当代社会必须充分认识到财产的行为性权利,在行政机关、监管机关、司法机关和财产权利人之间合理分配冻结权益,以实现社会综合效果的最优化。 The contemporary economy is called the financial economy. It is an economy centered on liquidity and efficiency. The behavioral rights in the property rights are in a sense more important than the attribution rights, which are the core of ensuring the increase or loss of the property value right. However, in our country’s current laws on property freezing, there is no distinction between financial property and consumer property, and the value and sexual rights of property are frozen together. Although this has been taken into account in recent provisions, it has not been uniformly regulated as a matter of principle. This not only infringed upon the parties’ property rights and interests, but also brought about potential loss of property, and even led to the phenomenon of many enterprises failing in bankruptcy and causing unhealthy social effects such as mass incidents. Therefore, in contemporary society, we must fully recognize the behavioral rights of property and rationally distribute the frozen rights and interests among the administrative organs, regulatory authorities, judicial organs and property owners in order to optimize the overall social effects.