The Pretence Of The Private Property In The Conflict Of The Public Power And The Private Right

Property as the basic human right roots is the human's ideas for it's justice. The private property right is not only the base of human rights and the constitutionality, but also the tool to promote the economic prosperity. So the establishment of private property right is essential. there are many conflicts of public power and private rights. The phenomenon that public power trespasses on the private rights, especially the problem of the compulsive demolition and relocation of urban housing, is very prominent。On the basis of reviewing the history of the safeguard of the private property in our country, this article analyses the pretence of the safeguarding system of private property right with the example of the new Constitutional Amendments and the Administrative license law. But there are evident flaws in Chinese current legal system, and it is unable to supply effective protection for citizen's right of properties. During the stage when the market economy and the democratic system are established in China, For the sake of social development and the improvement of the private properties, this article gives some suggestions: First, establish the safeguard mode of the properties right on the basis of the protection, doubled with public interest; second, make a rational position between public power and private rights; At last, improve the protection of the public law system to constitute a wide legal system to protect the ownership of private properties.