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The Constitutional Protection Of Personal Property Rights

Posted on:2005-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:X H GuoFull Text:PDF
GTID:2156360122488703Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
This thesis proceeds from the fundamental connotation of private property rights, analyses some concepts related to the private property rights, and defines the extend of the private property rights. Furthermore, this thesis researches the origin and evolution of the theory of protecting the private property rights .In the following passages, the thesis discusses the base of Jurisprudence of the constitutional protection of private property rights from three aspects: the necessary requirement of human beings' existence and the needs of individual autonomy, the incentive of individual wealth accumulation and social progress, the cornerstone of constitutionalism and democracy and the base of market economy. From these aspects, this thesis puts forward and expounds the four principles of constitutional protection of private property rights: principle of unequivocal property ownership, principle of safeguarding the property rights, principle of limited property rights, and principle of relief of property rights. The four principles constitute the base of constitutional provisions to protect property rights(include invisibility article, restricted article and requisition and compensation article). After it expounds the relevant provisions in the several constitutions of PRC, the thesis discusses the improvement of protecting private property rights protection in the four amendments of the living constitution and its advanced significance. Focusing on the provisions of protecting private property rights in the Fourth Constitutional Amendment, the thesis points out six defects: private property in the market competition hasn't acquired the same legal status as the public property; property rights should belong to the basic right of citizenship not economic system; reflections on the public interests, compensation principle and compensation procedure brought by the requisition and compensation articles; the lack of property check article in the constitution; the defect of word of "legal" as a modifier of the private property rights in the constitution; the application of property rights subject Finally, the thesis provides some individual suggestion to perfect the protection system of private property rights in China's Constitution.
Keywords/Search Tags:private property rights, base of jurisprudence, principle of protection, amendment, defect
PDF Full Text Request
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