无权处分问题自被提出就备受关注。著名的法学学者王泽鉴先生就曾把无权处分生动形象的称为“法学上的精灵”。无权处分的魅力主要在于它与物权行为理论、合同效力等制度的关联性。无权处分,是指行为人对标的物没有处分权,而以自己的名义对标的物实施法律上的处分行为。无权处分和法学理论中的善意取得等制度紧密相连,它是法律行为的重要贯穿连结点。关于无权处分的效力问题,更是民法中备受争议的地方之一,我国学者也各有主张,而且在现实生活实践中,无权处分事件频繁发生。因此,本文认为对无权处分的研究探讨,无论对我国法学理论制度的完善还是对现实问题的解决适用,都有重要意义。 The issue of the right to dispose of it has drawn much attention since it was proposed. Mr. Wang Zejian, a famous scholar of law, once called the “juridical de jure” without the right to dispose of the vivid image. The charm of not having the right to dispose lies mainly in its relevance to the system of property rights theory and contract effectiveness. No right to dispose of, is the perpetrator of the subject matter does not have the right to dispose of, and in its own name on the subject matter to impose legal sanctions. The lack of the right to be punished is closely linked with the system of goodwill acquisition in the theory of law, which is an important cross-linking point of legal acts. On the issue of the validity of the right to disposition, it is one of the most controversial places in the civil law. Scholars in our country also have their own opinions. Moreover, in the practice of real life, disqualification incidents occur frequently. Therefore, this article holds that the research on the right to punish is of great significance both for the improvement of our legal system and for the solution of practical problems.