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The Constitutional Protection Of Private Propety Rights

Posted on:2007-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:F Q LangFull Text:PDF
GTID:2166360182990297Subject:Law
Abstract/Summary:PDF Full Text Request
Property,property rights,and private property rights have different means in different fields, but as a series of legal conceptions, when we refer to property, which just means property rights. Though, property rights can be divided two parts: public property rights and private property rights, there is not any meaning to limit property rights in a purely pubic sate. In a beginning, property was brought out as property rights. Private property rights take on a extended tendency step by step in extension, which include the property rights intellectual property receipt rights of commercial law, etc. We analyze the private property rights as one of the basic citizenships on the meaning of the constitution, which respond directly citizenship and national rights in the constitutional relation.We have experienced a long-term process to understand the property and function of the private property rights. Through the development of more than 20 years, we have made great progress in the legal protection of the private property rights .But there are still some disadvantages existing, for example, the uncertainty of character of private property rights; the inadequate legal protecting content of the private property rights; the negligence of the legal protection system of the private property rights.In order to research and discuss the reasons of the inadequate protecting legal system of our country`s private property rights, learn and analyze the foreign countries` legal protecting system of the private property rights, the author suggests improving the private property right protecting system from the following aspects:(1)understanding and dealing with the character and statue of the private property rights in the right attitude;(2)determining the public interest in the view of reasoning;(3)examining the administrative collection and administrative requisition;(4)adding the articles...
Keywords/Search Tags:private property rights, constitutional protection, compensation public, interest, constitutional amendment
PDF Full Text Request
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