Research On The Guarantee Of Private Property Right

Economic norms to adjust the constitution is the state and society in the life the most basic social and economic relations,in a country's economic system,national economic power and relative to the citizens all have the value of their property rights for the content of basic specifications.The economic system is a normative system of behavior or activity,or the normalization or institutionalization of human socio-economic relations.The constitutional economic system should be understood as the "highest legal economic order"or "basic law and economic order" in the national economic life of a country.The study of property rights should be studied in jurisprudence,and the property right should be regarded as the "right bundle of property value".In the pursuit of the value of constitutionalism,property rights endow the constitution with unlimited vision and expectation,which requires the constitution to establish good norms to preset and safeguard property rights and interests.In terms of the general relationship between the constitutional economic system and private property rights,the relationship between the constitutional economic system and the private property rights is covered,and the private property right is affected by the adjustment of the constitutional economic system.Private ownership and public ownership belong to two different types of economic system,and there are huge differences between the private property rights under the two types,the ideological basis,the formation logic and the development path.In the aspect of ideological basis,under the private ownership of property rights is the result of a contract-right standard view is as an important content of "natural rights",the representative figure of philosophical foundation with Locke and Hegel.Under the public ownership of private property rights,in fact,be covered by the macro social economic theory,ideological basis is marxist theory of labor alienation,property and capital of reconstructing private ownership society theory;In terms of form logic,private ownership of property rights advocate natural rights theory,unless the law,or is set up,due to the adjustment of the internal structure of private ownership society,at the micro level by setting up the social duty of property right,formed in the macro level the national macroeconomic regulation and control power,rights under the private ownership property development according to the limit of logic.The state of public ownership advocates the formation of private property rights through the macroscopic political and economic system,so that the property rights of citizens must be realized through authorization.In the relation between private property and economic system,property right under private ownership is the absolute core of constitutional order,and then gradually forms market economy system.At the same time,through the protection of private property rights to gradually form tax law and prevent legal system.Therefore,private ownership is actually the relationship between private property rights and economic system.The path of public ownership is the opposite,which is essentially the whole construction of the backward socialist country in the economic field,showing the characteristics of collectivism.In property relations there is a form of personal possession that can be regarded as private property.Public ownership in the property in the society,trying to get rid of the citizen's rights and the development of special situation to make society more fair and more efficient,forming from the economic system to the private property rights relationship.Since the founding of the People's Republic of China,China's constitutional economic system has been built into public ownership,but it is constantly changing and adjusting.Overall,the new China's present strong state-led economic system,the legitimacy of private property system is the result of the economic system,therefore the public economic system change present different solutions for all private property.Roughly experienced four stages:the first stage is to make the transition to the public sector of the stage,with the common programme and the constitution of the May 4th movement,both to distinguish between public and private property according to ail private property and implement different degree of protection measures.Among them,the "may fourth constitution",according to the reform of socialism,requires the implementation of fine demarcation to treat all private property.The second stage is the establishment stage of public ownership,which is represented by the constitution of the seventh and fifth constitution.It adopts the pure public ownership in the economic system and the private property in the life data type.The third stage is the stage of public ownership.This stage belongs to the exploring period of reform and opening up,economic system adjustment is unclear,but showed signs of giving up a single public ownership,and began to allow to individual economy,mainly manifested in the constitution of seven or eight began to give up a strict limitation of all private property,and the constitution of BaEr further relax privately owned property.The fourth stage belongs to the stage of public ownership adjustment.With the deepening of the reform and opening up and economic system constantly challenge,therefore this period constitution system modification is frequent,the economy has experienced four amendments so far,and the recent and the necessary changes.On the protection of private property,it is embodied in:in 1988,the amendment of the constitution initiated the design of private property,which officially gave legitimacy to the individual economy and private economy;The constitutional amendment in 1993 established the socialist market economy and indirectly extended the scope of private property;In 1999,the amendment to the constitution established the basic principle of governing the country according to law,and thus began to seek the legal system of private property in all private property.The 2004 constitutional amendment rights and private ownership of all property rights into the constitution formalized a system of private property rights protection.It is rooted in the dual separation of civil society and political country,which is the foundation of western constitution.The essence is to protect civil rights,and to design a defensive system to control public power through the constitution.In view of the history of China's constitution,China has not had the basis of separation of civil society and political country since modern times.Before the founding of the People's Republic of China,ethnic independence became the main theme,but the low level of social development actually brought the state and society into integration,and there was no western country and social opposition.After the national economic and economic system has passed the basic value order of the constitution,the private property rights in our constitution have unique forming logic.Overall,China's first constitution sum default or arrangements of system,basic rights are derived from the master plan system,economic system is an important part of the general system of private property rights is,in fact,economic system of the form or a way of implementation.Accordingly,the private property right in our constitution has particularity.In terms of characteristics:the source is legal authorization,non-natural human rights;The structure is the production data type and the life consumption type coexist;Functional emphasis on defense,weakening domination;Objective to emphasize the use of the material and weaken the capital logic;In essence,it belongs to the redistribution of social standard.In terms of expression,there are three main types:private ownership,private use of usufruct and private share of public property rights.Of private property rights in our constitution protection have great progress significance,main show is constantly with the world,pay attention to study western advanced experience,follow the time development of private property is no longer with ownership as the core,forming system and rights protection mode,etc.At the same time,there are also great shortcomings,mainly manifested in five aspects:first,the existence of the human rights guarantee model is seriously lacking.Second,the law that authorizes the private property right has the phenomenon of legal inconsistency.Third,in the expropriation of private property rights,the definition of "public interest" is obvious.How to convert private property into tax liability is missing in the fundamental law.5.Lack of protection of private share property rights.Accordingly,the amendment plan is:1.The constitution of our country should directly establish the relation between private property rights and human rights.Second,the law that authorizes the private property of our country should accord with the purpose of economic system,and it should give priority to the legality in private law.Third,the expropriation and requisition clauses in China's constitution should take the logic of restricting the right of state expropriation,and restrict the private property right.In addition,legal restrictions should be imposed on the recognition of "public interest".The general outline of our constitution should establish the basic system of taxation and establish the basic right to pay taxes.V.construction of private share property rights.