On The Protection Of Citizen's Property Rights By Administrative Law

Property rights, especially private property rights are the tranquillizer and binder in our society. It is significant to protect private property rights against being violated, not only for the development of the social economy, but for the maintenance of the social unity and stability. The characteristic that administrative law has determines the distinctive mark of its own on protecting private property rights. Protecting private property rights was written into the constitution amendment in 2004. It is a great progress. However, private property rights in constitution are only norm in principle, and department of law is needed to ensure it's administer. In practice, the harm to private property rights is not from private juridical person but always from public power, especially administrative power. This thesis deploys the research on the protection of private property rights in respect to administrative law as follows through painstaking documents summary and theoretic review.Chapter one concentrates on the basic concepts, including: the concept of private property rights by administrative law, the basic theory of the limited and positive administrative power. Chapter one first defines the concept of private property rights by administrative law through comparison with relating concepts. Then, this section studies the attribute of administrative power and analyzes that it becomes the best choice for the modern country ruled by law to achieve the balance of the limited administrative power and the positive administrative power. In the end, the author makes her conclusion: it is the inexorable trend of the protection of property rights that administrative law not only protects private property rights but limits it.Chapter two mainly delineates the theoretic foundation of protecting private property rights by administrative law. The author analyzes this topic in four aspects: the necessity of protecting private property rights by law lies on the validity of property; The forth constitutional amendment throws down a challenge to the protection of private property rights by administrative law; The theory of protecting private property rights is built on the balance of state powers and citizen rights. The characteristic that administrative law has determines the distinctive mark of its own on protecting private property rights. Chapter three reviews and analyzes the foreign administrative law system of protecting private property rights, mainly discusses the due process in America and the theory of administrative compensation in France, finally sums up the apocalypse to our country.Chapter four reviews and analyzes the administrative law system of protecting private property rights in China, mainly discusses the realistic situation that administrative action violates citizen's property rights. The disfigurements, problems and its cautions are also analyzed in detail in this part.Based on the theory discussed above, chapter five draws a conclusion of the reform orientation of protecting private property rights by administrative law in accordance with the disfigurement in China from the aspect of administrative principles, administrative institutions, administrative remedy institutions and administrative system.Although there are a lot of disfigurements and problems in our system of protecting private property rights by administrative law, if we take heart in the nation of human orientation, esteem and safeguard human rights, keep the balance of state power and citizen rights, great progresses will surely be made in the process of the construction of the society ruled by law.