For civil law, “Thing" has been existing for a history of more than two thousand years, and it has also suffered many unprecedented challenges in the rapid changing modern society, First, setting the origin and historical evolution of “Thing" as the starting point, this paper researches on the transition from the ancient law of “Thing” to power object regime of modern civil law system, Besides, it analyzes the scope and legislation of “Thing” in different historical periods, different legal systems among various countries and regions, summarizes the concept, characteristics and extent of “Thing" and discovers the trend of generalization of “Thing” for both law systems. Second, this paper analyzes the conflicts and dilemma for concept of “Thing” in two major legal systems in the West. Also, it proposes to determine the broad concept of “Thing” in law and bring this concept into the future Code of People's Republic of China Civil Law. Third, through research on legislation theory of “Thing” of Macau Civil Law, this paper gets rid of the stereotype of "subject-to-object" from the point of philosophy and introduces a new frame of explanation to present the real meaning of “Thing” in law instead. Finally, integrating the research problems, some innovative and reasonable design suggestions for codification of future Code of People's Republic of China Civil Law will be proposed. This paper includes three parts, which are introduction, main body and conclusion, It is divided into five chapters and each chapter will be discussed as follows. The first chapter is introduction. This paper is directed by research purpose and significance, including the research value of “Thing” for civil law, as well as the network importance of concept of “Thing” on civil law system infrastructure in China civil law circle. It also performs analysis on domestic and foreign research situations, which is helpful to avoid obstacles to find a suitable aspect to understand existing problems of “Thing" in current legislation and takes practical value and meaning to relieve the problems. The introduction also settles the framework and approach of writing, which establishes the foundation of the research. The second chapter uses the sprout of “Thing " as a clue, traces to its source and analyzes the identity of "Thing" in ancient civil law to restore its original appearance. Then, a significant judge is made that the concept of “Thing” was formed and developed during the period of Roman Law. As the common wealth of human civilization, he research achievement on “res" of Roman Law sets deep and solid foundation for the development of two legal systems in the West. At the same time, it compares “Thing" between two different historical periods in ancient civil law, and provides essential historical experiences and theoretical basis to understand and identify institution system of “Thing”. The third chapter analyzes the development of “Thing” in the modern period after ancient civil law, Besides, it describes the current situations of “Thing" under our country's civil law system and different definitions of “Thing” between two legal systems in the West. Along with the increase of the consciousness of right, law of “Thing" gradually changes to property law, making it confusing between “Thing” and object scope of property and leading to distinction with branches between civil law and common law in the reform of law among countries, This chapter settles the above content and summaries that although there are many differences on legal origin, legal tradition, legal technology between civil law and common law, however the they both fully accept and inherit the Roman Law theory of “Thing”, and the only accommodation exists in the transition from system infrastructure in China civil law circle. It also performs analysis on domestic and foreign research situations, which is helpful to avoid obstacles to find a suitable aspect to understand existing problems of “Thing" in current legislation and takes practical value and meaning to relieve the problems. The introduction also settles the framework and approach of writing, which establishes the foundation of the research. The second chapter uses the sprout of “Thing " as a clue, traces to its source and analyzes the identity of "Thing" in ancient civil law to restore its original appearance. Then, a significant judge is made that the concept of “Thing” was formed and developed during the period of Roman Law. As the common wealth of human civilization, he research achievement on “res" of Roman Law sets deep and solid foundation for the development of two legal systems in the West. At the same time, it compares “Thing" between two different historical periods in ancient civil law, and provides essential historical experiences and theoretical basis to understand and identify institution system of “Thing”. The third chapter analyzes the development of “Thing” in the modern period after ancient civil law, Besides, it describes the current situations of “Thing" under our country's civil law system and different definitions of “Thing” between two legal systems in the West. Along with the increase of the consciousness of right, law of “Thing" gradually changes to property law, making it confusing between “Thing” and object scope of property and leading to distinction with branches between civil law and common law in the reform of law among countries, This chapter settles the above content and summaries that although there are many differences on legal origin, legal tradition, legal technology between civil law and common law, however the they both fully accept and inherit the Roman Law theory of “Thing”, and the only accommodation exists in the transition from property and “Thing" in form of concept, But in response to development of times and the real need, the nature of the two is rather consistent. This proposes a new concern on the exploration of essence of the property rights object. The fourth chapter looks back to the development of Macau civil legislation and understands the theory foundation of “Thing" under Macau civil law circle based on regulation on legislation of “Thing” in different periods. The development process of law in Macau is a rational choice and inheritance of Portuguese law and the legal theory is greatly influenced by Portuguese scholars. Through the concept and category of “Thing” under Macau civil law, this chapter introduces the theory of direct and indirect right object in Macau civil rights legislation, Deconstructing enterprise as the special “Thing" establishes standards for a set of content and becomes the advantage of right object. Then it proposes a new framework explanation of composition of “Thing” based on the constitution factors of right object and finally decides on the possible upcoming object types in the civil legal relationship. The fifth chapter integrates history inquiry and theoretical analysis above concerning “Thing" of civil law, combines the background of civil law codification in our country under current situation, providing theoretical basis to redefine the concept of “Thing” in the future of opening civil right system in our country, Then it analyzes the legislation model of “Thing" under Macau civil law and proposes a referred model according to the classification and civil law codification, especially the reference to the category design of “Thing”. It runs from the beginning to ending throughout the improvement of the civil law system, and makes specific provisions to improve cost sharing problems in the areas of debt law, property right, family law as well as inheritance law, Since China is relatively weak in research on cost improvement under civil law, it is an appropriate remedy method to make comprehensive design of cost improvement system in right object section of future civil law and it should be encouraged and given awards for China civil law system in the future. The research in this paper is just a start point, and it aims to arouse more and more scholars’ attention on this topic, gather their wisdom to conquer the difficulties. Key words: Thing, property, right object, civil law

民法上的“物”穿越了两千多年的历史沧桑，在日新月异的现代社会遭遇前所未有的挑战。首先，本文从民法上物的渊源和历史演进作为研究起点，从古代民法上的物法过度迈入近现代民法体系的权利客体制度，分析了不同历史时期、不同法系各国和地区民法上物的范围与立法，总结出物的的概念、特征和范围,并发现两大法系中物都有广义化的趋势。其次，分析了两大法系国家民法上物概念的冲突与困境，提出应该在法律上确定广泛意义的物的概念，并将物的概念纳入在我国未来的民法典。再次，通过对我国澳门地区民法上的物的立法理论的探究，并运用一种新的解释框架，从哲学角度挣脱“主体—客体”的固定思维模式，使法律意义上真正需要的“物”逐渐浮出水面，呈现于视野。最后，综合研究的问题，对我国未来民法典在权利客体制度的编纂上提出创新合理的设计建议。 本文包括绪论、正文、结论三个部分，分为五个章节，每一章的主要内容如下： 第一章为绪论。研究目的和研究的意义是本文写作的一个方向指引，说明民法上的物所具有的研究价值，以及目前在我国民法学界考察物的概念对民法体系构造具有的脉络意义。分析国内外研究现状，有助于找到一个合适的角度了解物在现今立法中存在的问题，利于绕过障碍，对缓解问题困境具有实践价值和现实意义。同时，整理出文章写作的框架和方法，奠定本文研究的根基。 第二章以民法“物”的萌芽为线索，追本溯源，分析古代民法上“物”的本体，以求还原其本来面目。得出一个重要的断定：民法上“物”的概念形成于罗马法时期，也成熟于罗马法时期。罗马法对“物”的研究成果作为人类文明的共同财富，为后来西方两大法系的发展奠定了深厚而坚实的基础。同时还将两个历史时期的古代民法物进行比较，为认识和界定“物”的机构体系提供必要的历史借鉴和理论基础。 第三章分析了古代民法上的物之后，接着物的发展步入近现代时期。了解我国民法体系上的“物”的现状和西方两大法系中不同的“物”。随着权利意识的增强，物法逐渐转变为财产法，物与财产的客体范畴迷糊不清，在各国法律的改造中，大陆法系和英美法系产生了截然不同的创变与分流。本章节的对此进行梳理总结出，大陆法系与英美法系尽管存在法律渊源、法律传统、法律技术等诸多区别，但是它们关于“物”的理论思想全面接受和继承了罗马法的物的观念，唯一的变通只是在概念的形式上存在财产与物之间的转换，但是顺应时代的发展与现实的需要，二者本质是相通的。这为我们对财产权客体的本质的探索有一个新的考量。 第四章回顾澳门民事立法的发展，针对不同时期民法上的物在立法中的规定，了解物在澳门法学界的理论基础。澳门法律的发展过程是对葡国法律的理性的选择和继受，法学理论深受葡国学者的影响。通过澳门民法上物的概念和分类，介绍了在澳门的民事立法中权利客体理论存在的直接客体与间接客体说。解构企业这一特殊的物作为集合物的确立标准，以及成为权利客体的优势。并根据权利客体的构成因素，提出一种新的物之构成的框架解释，最后确定物在民事法律关系中可能出现的客体类型。 第五章综合上文对民法上物的历史探究和理论分析，结合当前我国民法典制定的背景，物的概念的重新界定为我国未来民法典开放的权利体系提供概念基础和理论依据。接着分析澳门民法上物的立法模式，并围绕物的分类与民法典制定提出了借鉴的模式，可以参考《澳门民法典》中物的分类设计，尤其是《澳门民法典》上的改善费用的规定作为物的一个分类，从始至终贯穿着整个民法典的改善制度，在债法、物权、亲属法、继承法等领域对于改善费用的分担问题也作出了明确规定。我国民法对于改善费用的研究相对薄弱，在我国未来的民法典关于权利客体的章节对改善费用作出整体性的制度设计，是一种较适用的补救方式，我国未来民法典中对这一制度的引用应该予以肯定与鼓励。 本文的探索只是一个起点，希望能引起更多学者们对这一课题的关注，集思广益，攻克难关。 关键词：物、财产、权利客体、民法典