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Private Property And The Evolutionary Theories Of Constitution

Posted on:2004-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z HeFull Text:PDF
GTID:2156360095955252Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In fact, the rule of civilization is from the establishment of private property. Human being haven't developed the idea of property right in primitive society, they seek nothing but living. Our ancestors have no civil and rule. They swallowed food raw and whole. They married one another and lived together with the opposite sex who belonged to the same blood family. How can we think of those phenomena as civil and rule? But when private property was taken shape, the whole society wealth was cut into "yours and mine". The pioneer of capitalism write out constitutional government and rule by law as a good prescription. They encouraged to go on a new private property way. However, This path was not easy for them to go. Private property was concluded on the way of constitutional evolution, which promoted and experienced the transformation and formation between three constitutional forms. These forms contain the modern times constitution, the contemporary age constitution and the Soviet Union socialism constitution. By this way, private property itself and civilization make out their way. The locus of constitution evolution on the idea of private property started out from " sacred and inviolable" to the departure between social welfare's "inviolable" and the doctrine of people's sovereignty "holy to public property". On this turning point, the locus promoted constitution evolving into its third stage. Chinese constitution will still follow this way and never go back. In view of above mentioned reasons, this paper strive to show the whole view about private property together with the evolution of constitution. This paper also strives to explain the real reasons and the most efficient way on which constitution ensure private property. This is useful for Chinese constitution to locate rational protection and reasonable system designation on private property.For the above mentioned reasons, this paper is departed into four part: Part one: This paper is based on the theories interpretation and evaluation about private property. Part two: The law of private property and constitution's evolution is the lifeblood on studying how constitution protects private property. Part three: The restoration of private property is necessary respond to part two during the period of constitutional evolution. On account of above mentioned reasons, this part advanced some advice on how temporary socialism country build up private property system. Part four: In view of above mentioned reasons, a scientific constitutional advice about Chinese private property system is advanced.
Keywords/Search Tags:private property, the evolutionary theories of constitution, constitutional protection
PDF Full Text Request
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