物权法定原则与私法自治看似矛盾,其对立不相容及缓和的呼声日渐高涨,但实质上二者具有统一性,统一于社会秩序的维护和当事人利益的保障。物权法定原则有其制度基础和价值,具有不可动摇的地位,其与私法自治的表面冲突可通过司法裁量协调解决。 The legal principles of property rights seem contradictory to the autonomy of private law. Their opposition to incompatible and moderate opposition is on the rise. However, in essence, the two have unity and are unified in the protection of social order and the protection of the interests of the parties concerned. The legal principle of real right has its own institutional foundation and value, which has an unshakeable status. The superficial conflict between it and private law autonomy can be solved through judicial discretion.