Contemporary Chinese Constitutional Protection Of Private Property Rights And Institutional Construction

Private property right is one of the people’s fundamental human rights. The legal protection of private property right, including public law protection and private law protection, among them, especially it is key compent in constructing the constitutional protection system of private property right. In the modern society, it play an important role for protecting and expanding individual freedom, formalizing value consensus, constructing a benign political ecology, promoting economic and social development, tranquilizing social order and so on. As major countries, Britain, the United States, France, Germany, Russia’s constitutional practice, and Aristotle, Locke, Rousseau, Kant’s statements, demonstrate the historical inevitability of constitutional protection of private property right from political and intellectual history.Private property right is former national formatiom, and constitute a prior restraint to national power operation. To construct and perfect the constitutional protection system of private property right, it must compact theoretical foundation, popularize the people’s sense of personal rights, integrate thought resources, shape social consensus. Therefore, it should be noted that:the legal basis of unification of individual freedom and social justice, the balance between private interest and public interest in value orientation, the implementation path in procedural law, forming operation mechanism of property right which is to take account of social justice and individual freedom, substantive restrictions and procedural participation constraint.The traditional understanding is one-sided that marxism is the antithesis of private property, and it did not fully grasp the essence of Marx’s private property thoughts. Through researching marx’s works, this paper refresh Marx’s private property thoughts, which is to protect laborer’s individual ownership and public ownership.Based on Marx’s private property thought, this paper reviews the historical evolution of constitutional protection of private property right in our country, and comprehensive analyzes the current problems:without recognition of fundamental human rights attributes, discrimination against private property, serious unfair of public expropriation and compensation system, lack of judicial guarantee, the imperfection of property tax and government information publicity system, and so on. Thus this paper points out the reasons behind these problems are the lack of consciousness accumulation and institutional arrangements, and puts forward own specific suggestions in property view, the benefit view, human rights view and justice view, and shows equal protection of public and private property right, improving expropriation and compensation system of private property and property tax.This paper divides into six chapters.Chapter1, introduction, including the significance of this paper, reviewed existed research results and their shortcomings, and on this basis, the paper explains the main contents, the innovation and deficiency.Chapter2, outline constitutional protection of private property right. Divided into three sections:the first section discusses the concept of private property right, value and constitutional protection, the second section inspects the development of private property right from political history, the third section inspects the sages value cognition on protection of private property right from intellectual history.Chapter3, theoretical analysis of constitutional protection of private property right. Divided into three sections, which discuss the legal basis of unification of individual freedom and social justice, the balance of public interests and private interests in value orientation, mainly Procedure guarantee in implementation path.Chapter4, Marx’s private property thought and its significance to contemporary China. This paper discuss the essence and historical termination of capitalist private property, and puts forward Marx’s private property standpoint, namely "re-establishing laborer’s individual ownership" thinking. The paper believes that, it is Marx’s two basic thinking dimensions:pay attention to human dignity and development in main dimension and explore the realization of substantial justice in value dimension. Based on the theoretical foundation, the paper explore the significance to social transformation on contemporary China, including reconstruction human consciousness, identification of market-oriented reform path and rule of law.Chapter5, the historical evolution and its effectiveness analysis of constitutional protection of private property right in our country. Divided into two sections:the first section discusses the historical change of private property right in our constitution, the second section discusses the limitations of the current constitution on the protection of private property right, analyzes the concepual reasons, including the influence of traditional Chinese culture and misreading Marx’s private property thought.Chapter6, construct the constitutional protection system of private property right in contemporary China. Based on the Marxism thinking dimensions, this paper put forward three legal suggestions from theoretical basis, foreign experience and practical ways, including the equal protection of public and private property rights, improving expropriation and compensation system of private property, perfecting taxation system.