“法律未作规定的,符合物权性质的权利,视为物权”之条款可谓我国物权立法过程中的一大创新。但是,因被认为突破和违背了传统的物权法定原则而遭质疑,最终未能得到物权法之采纳。实际上,该条款并未违背物权法定,而是为物权法定之缓和提供了一种全新的思路,其最大的缺陷在于物权性质的不明确,导致实际认定何种权利属于物权时存在困难。物权法不应轻易地抛弃该条款,而应对其加以完善,即对物权性质作出符合本国国情的科学合理的界定,使之更适于实际操作,充分发挥积极作用,并成为中国物权法之亮点。 “The law is not provided for, in line with the nature of property rights, as property ” terms can be described as a major innovation in the process of property rights legislation in our country. However, being considered as a breakthrough and violating the traditional legal principles of property rights was questioned, eventually failed to get the adoption of property law. In fact, this clause has not violated the law of real right, but has provided a kind of brand-new train of thought for alleviating the statutory right of the real right. The biggest defect is the indefinite nature of the real right, which leads to the existence of the real difficulty of determining what right belongs to the real right. Property law should not be easily discarded the article, but should be perfected, that is, the nature of the property to make a scientific and rational definition of its own national conditions, to make it more suitable for practical operation, give full play to the positive role, and become the bright spot in China’s property law.