The Protection Of Private Property In China Current Constitution

the requirement and means in the protection of private property has been always a disputed topic after the china coming into existence. The tenth term all country people representation congress second meeting passed the amendments of the people's republic of china constitution clearly prescribed the protection of private property at first time from a constitutional level. Constitution provision solved the needs of protection problem. Hereafter, we should focus on the detail means of protection. Above all, in this paper, there is a summarization on the first problem. On this base, then, we commit a primary discuss about the second problem.The first chapter is origin theory. The author analysis the devious development process about the protection of the founding of the PRC. Mainly divided it into limited protection phases, negative phases, renew phases, gradually consummating and full protection phases. In 2004, the fourth constitutional amendment protect the people's legal private property, which indicate a full protection of private property phases.The second chapter is ontological theory. This part discussed the practical and law foundation about the protection of private property in constitution. First section: Although the naissance of private property system emergence long before, there is no shape of private property protection profundity tradition in the view of legal culture. From the history of appearance and development of constitution, the protection of private property was the basic value of the engender and development of constitution. Second section:This part mainly demonstrated the justness and legality of private property protection in socialistic country. On the foundation of politics, constitution provision about protection of private property accorded with Marxism, den theory and three representative thinking. On the legal theory foundation, labor force Lysenkoism and benthamism provided a profound theoretic basic. On the constitution itself, it's the reason and gist of constitution provision about protection of private property. At least, the value of private property right was excelled than civil law.The third chapter is practice theory. This part discussed the development and consummate of constitution protection of private property in practice. Section one is The analysis of the citizen's legal private property shouldn't be violated. At first, analyse the related concepts of the private property.than, The analysis of the citizen's legal private property shouldn't be violated. penman considered that the word of legality in the provision of legality private property is not infringed is useless. At the same time, on the view of penman, whether of not prescript the private property being holy not infringed is just a technical value. This word doesn't matter of the protection course and achieve of it's value of private property protection in our country."sanctity"is merely a theoretic announcement in the legal analysis.In section two simply introduced the judicatory and interpret about the constitutional protection of private property. It also emphasized the importance of judicial interpretation and the conversion of justice concept in practice. Section three discussed the relative legal problem about constitution thirteen term first item in brief. Section four recommend on several detail issue in the protection of private property.