Discussion On Property Protection Under The Constitution

A great achievement has been achieved by China since it exercised the policy of reform and open-up. At the side of economy, it successfully transforms the planed economy into market economy. What's more, it creates the orient miracle of steady and rapid development of economy. At the side of politics, The sense that a country ruled by law becomes the society's common sense and it shall be the basic means to rule the country. What's more, the citizen's sense of right is greatly improved. The citizen's society is initially formed. Yet, if we watch this from deep side, we will find that the history of reform and open-up is the course of balancing between the public power and the private right. During the course, the public power of the state gradually receded and its range becomes smaller and smaller. In the meantime, the private rights are greatly improved and its range becomes wider and wider. From the economy system reform of transforming initial planed economy to planned commodity economy and socialist market economy ,and from the transforming of establishing the socialist legal system to adopt the strategy of ruling the country by law, and from the moral teaching of condemning the private right in the culture revolution period to the constitution conclusion that country shall respect and protect human rights, we can get the following conclusions: the government has gradually transformed from the role that it has all kinds of power to that its main function is to protect its citizen's basic rights. What's more, the view to private right has beentransformed from the ugly and backward moral appraisal to the justified claim. In comparison with China's 5000 years' history with culture, 20 years is just a short period of time. Yet, just from this period of time, we can find this basic rule that protecting the citizen's private right and limiting the public power of state is always the power to improve the development of society.Since the new China was established, as a citizen's important humane right ,the private property right has exercised a great exchange. We have ever rectified a lot of errors we made in the past. The constitution amendment of 2004 declares that the citizen's property shall not be violated. This essay begins with the research of the constitution amendment of 2004. Based on the discoursing upon the concept, nature of private property right under the constitution ,and upon the rationality that the constitution shall include the content of protecting the private property right, and upon the introduction the related foreign regulations, and upon its history in China, this article points it out the great meaning and the defects of the constitution amendment of 2004. At last, this essay provides legal suggestions to perfect the constitution for the purpose of better protecting private property right.This essay includes four parts. What's more, it also adds preface to the beginning part, epilogue to the end.In the preface, this essay points it out the article's meaning and value.Part one mainly introduces what is private property right under the constitution. Through the analyzing of the several concepts including the private property right under the constitution, we hold that as a kind of defensive right the private property right under the constitution has the following four characters: it is a kind of basic human right which is characterized as it shall not be deprived , divided and transferred, it is a kind of defensive right when a citizen is against the public power, it is a kind of right which shall not be divided from the human dignity, it is a kind of right which is universally recognized.Part two give the answer to the problem that why the constitution shall protect the private property. From the views of philosophy, the constitution government and rule by law, forming citizen's society and perfecting market economy, this articlediscourses the rationality and justifiability of protecting the private property.Part three mainly introduces the different situations of how the constitutions protecting the private property under different social systems. Through the analyzing the situations under the socialism system and capitalism system, we conclude that the constitutions in capitalism countries have advantages at the following aspects: the range of protection, the safeguarding systems, the compensation system. So we can make it clear how to perfect China's constitution for the purpose of protecting private property.Based on the analyzing of the four Constitutions and the four times' amendment to the constitution of 1982, part four holds that as for how to better protect private property, the constitution of PRC as socialist constitution has the following four defects: the inequality of safeguarding system, the uncertainty of the nature of private property, the insufficiency of compensation, the vacancy of remedial system.At last, as conclusions, the author provides the following four suggestions to amend the constitution: to improve the equality of the property, to identify the nature of private property right, to perfect judicial review system, to promote the compensation standards.