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领土作为古今政治和法律的重要概念,皆以领土的地理概念为基础。在法律上,最初的领土概念只是私法意义的一个权属概念,即领土为君主或国王所有和控制的地理范围。但伴随着主权概念从君主主权演变为国家主权之时,领土概念也就由私法上的权属概念演变为公法上的权属概念,其国家权力属性日益彰显,并衍生出三种国家领土学说:主权对象或客体说、国家的构成要素说和统治范围说。然而,19世纪末20世纪初出现的反主权学说,又将国家领土带入了另一个认知领域,即一些公法学家拒绝了主权概念所支撑的积极主义或实质主义的领土观,走上了一条消极主义或形式主义的领土解释之路。他们要么把领土看成是对统治权力的一种地域限制,要么将领土与国家统治权的关系割断,把领土解释成纯粹的法律的效力空间,从而奠定了当今公法学上并行的两种领土概念:实质主义和形式主义的领土概念。
As an important concept of both politics and law of the past and present, territories are based on the geographical concept of the Territory. Legally, the original concept of territory was only a concept of tenure in the meaning of private law, ie, the geographical extent of the territory owned and controlled by the monarch or king. However, when the concept of sovereignty evolved from sovereign sovereignty to national sovereignty, the concept of territoriality evolved from the concept of ownership of private law to the concept of ownership of public law. As a result, the concept of state power has become increasingly prominent and three types of territorial doctrine have been derived : The sovereign object or object says that the constituent elements of the state say and govern the scope. However, the anti-sovereignty doctrine that emerged in the late 19th and early 20th centuries brought the territory of the country into another area of cognition: some public lawyers rejected the positive or substantive territorial view supported by the concept of sovereignty and embarked on A negative or formalist interpretation of the territories. They either view the territory as a geographical restriction on the ruling power or cut off the relationship between the territories and the dominion of the state and interpret the territory as a purely legal space of effectiveness, thus laying down the two kinds of territories that are currently parallel to the public law Concept: The concept of realism and formalism.