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Discuss How To Perfect The Constitution Protection System About Private Property Right In Our Country

Posted on:2006-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:D LiFull Text:PDF
GTID:2166360182470582Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the development of market economy, it is an important task in the law field in China that study and resolve equal protection between private property right and public property right. In China, the civil law protection of private property right is comparatively perfect, while the public law protection of private property right, especially the constitution protection is still weak. As a civil basic right, constitutional private property right is prevalent,untransferable and integrated. Constitutional private property right is different from civil private property right. The protection of private property right by civil law and administrative law can't be substituted for constitutional protection. Since 1954, in terms of the protection of private property right, our constitution has come through a developmental and changeable course. Although the law status of private property right was advanced on constitutional modification in 2004, still now have a lot of flaws. The attitude to protect private property right is different from public property right. Moreover, now the constitutional protection organization in our country is inefficient and lacking special constitutional protection organization. Because in practice the phenomena about state power violates civil right is very serious, then it is very important that study how to protect constitutional private property right. The present thesis think that constitutional private property right is the core of civil basic right system and state can't limit or deprive private property right till through law procedure. The present thesis use a method of comparative constitution, through analyzing the provision in America,Germany,France about private property right and reviewing these different states'constitutional protection organization. Basing on our state's material situation, the present thesis brings forward peculiar ideas both in the aspects of entity provision and procedure provision.
Keywords/Search Tags:private property right, constitution protection system, constitution, public property, public interest
PDF Full Text Request
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