Private Property Under The Protection Of The Socialist Market Economy Conditions Studied

Socialist market economy and socialist planned economy are two substantially different economic systems. Over the past few decades, China has experienced great changes and institutional transformation from the "planned economy" and the "planned economy with market regulation supplement" to the "socialist market economy". In 1993, the constitutional amendment has confirmed formally that the country would implement socialist market economy. To implement the socialist market economy, the most important thing is how to correctly treat the citizen private property rights. From the angle of socialist market economy's inner demand and the law of development, to set up the idea that the citizen private property rights shall be free from aggression is vital to the establishment of true and sound socialist market economy while insisting that socialism public property rights shall be free from aggression,.During the practice of constructing socialist market economy, the idea which opposes the public property rights with the citizen private property rights is widespread in the cadre and the populace. Many people still think that to strengthen the private property rights means a weakening of socialism factor, thus there are some behaviors that do not favor the building of socialist market economy appear in reality. Under the socialist market economy condition, how to effectively protect citizen's private property rights, to prevent socialist public ownership based economic basis from being weakened, and to promote sound development of socialist market economy according to its intrinsic rule are significant theoretic and realistic questions confronting disciplines including the Marxism theory, the politics, the economic, the sociology, the legal science, etc. Current educational world is not completely consistent about this question which needs a deeper research. Therefore, the paper plans to study from the angle of multi-disciplinary of Marxism theory, the politics, the economic, the legal science, and so on, especially from the angle of Marxism legal science system, and to research reasons that caused the insufficiency of the private property protection under socialist market economy condition. The paper also makes a thorough analysis of the theory basis and practice foundation of citizen private property protection under socialist market economy condition, and it further reveals the inner relationship between socialist market economy and the citizen private property rights protection, and puts forward some relevant proposals. The paper consists of five chapters, including the introduction and the textual material. Its basic structure is as follows:The introduction mainly explains the significance of topic and research commentary. It focuses on the practical significance of the private property rights protection under the socialist market, current situation of domestic and foreign research, concrete research methods, research technique and innovation and so on.The second chapter is main about the explanation of historical evolution and practice foundation private of property rights protection under socialist market economy condition. Take China reform and open policy as the historical beginning, embark from the relationship between socialist market economy and the citizen private property rights, the private property rights protection's historical evolution under the socialist market economy condition can be divided into three historical stages. They are:Socialist market economy exploration time; Socialist market economy establishment time; Socialist market economy perfecting time. On the basis of analyzing private property rights'evolution, the paper analyzes the characteristic and the rule of the private property right's evolution at each historical stage. It carried out a systematic combing to the private property rights'vicissitude from historical and the practice angle, which lays the solid foundation for the paper's following research.The 3rd chapter is mainly about the explanation about private property rights protection theoretic basis and theory development under socialist market economy condition. Marx's private property rights protection philosophy and the Chinese Communist's private property rights protection idea have important impact on the contemporary China citizen private property rights protection policy. They constitute the rationale of protecting the citizen private property rights today under the socialist market economy condition. And, Marx's private property rights protection thought is the same with Marxism theory, which instructs the China socialism development direction, and it is of methodology significance. Mao Zedong's treatment about the private property and encouragement to the private property in the early years of the new nation also have certain positive significance to China socialism's development and the building of socialism market economy today. Deng Xiaoping's private property rights thought has run through reform and development process of China, and it has important foundation function and long-term guiding sense to the socialist market economy's development. The party's third generation Leaders, with Jiang Zemin as the core, have made new development to the private property rights protection theory, which has influential role to socialist market economy establishment. The new session of Central Party Committee, with Hu Jintao as general secretary, in the new century, in the new stage, has produced a series of new policies about the private property rights protection, which promotes the Chinese characteristic socialism theory about protecting the citizen private property rights theory, and they have vital significance and function to further consummate the socialist market economy. Since the reform and open policy, the thought, theory and policy of protecting the citizen private property rights under the socialist market economy condition that the party has formed is the theory basis of private property rights protection, and is the important component of Chinese characteristic socialism theoretical system, and is the recent development of the Communist Party of China to the Marxism.The 4th chapter mainly explained the intrinsic connection between socialist market economy and the private property rights protection. This article holds the idea that the socialist market economy is one kind of the market economy. To study the private property rights protection question under the research socialist market economy, it is firstly necessary to analyze the market economy's connotation and attribute, and to excavate the dialectical relations between market economy and the private property rights protection from the root. At the same time, the paper analyzes comparatively capitalism market economy condition's private property rights protection history and the characteristic with comparison research technique, pointing out that the private property rights protection nature is different with the socialist market economy condition. And it also analyzes its function to socialism from the relationship between market economy and property right. On the premise and foundation, it studies the private property rights protection under socialist market economy condition. It is believed that the socialist market economy is one kind of the market economy, thus the socialist market economy should have the attribute of market economy. The socialist market economy is different from the capitalism market economy in nature, thus under the socialist market economy condition, private property rights protection has its own characteristic.The 5th chapter mainly researches the countermeasure about the private property rights protection under the socialist market economy condition. Since the reform and open policy, China's private property rights protection already has made obvious progress. But the current private property rights protection still have problems in idea, policy, and system. This article holds the idea that in order to solve the problems of private property rights protection under the socialist market economy condition, we should work from four points:first, getting rid of the "leftist" ideological obstacles and establishing a correct ideological and property rights protection; second, overcoming the influence of traditional ideas. To overcome the "ethical code", "supreme imperial power", "Justice & Benefit", "lawsuit", "no private property for sons and daughters", "Restraining Commerce", which have much constraint to private economic development; Third, it is necessary to promote the breeding of the rule of law, especially to the government; Fourth, proposing some specific analysis and recommendations on the protection of private property rights from the specific system reform.