A Research Into The Issues Of Administrative Law On Protection Of Private Property Of Citizens In China

It is clearly stipulated that the lawful private property of citizens are protected from being violated in the first Paragraph of Article 13 in Constitution of the People's Republic of China revised in 2004. And it is the first time that protection of private property is put forward expressly in the Constitution in China, which has significant meanings in the protection of private property of citizens. However, up to now, many flaws still exist in our legal system of protecting private property, and sometimes private property of citizens have been infringed upon. The abuse of authority controlled by the government has now become the main and the most powerful force against private property. To effectively prevent, limit and confront the public authority, and to improve and strengthen the administrative law system of private property, and to achieve comprehensive protection of the rights of ownership of private property of citizens, seven administrative legal issues about protecting private property of citizens are discussed and researched in this article.Starting from the history of protecting private property by law, the author first make a brief exposition about the formation and development of the theory of Western private property rights, focusing on the study of the content and function of Inviolable provisions, Articles and Expropriation compensation in the modern constitutional system of protecting property rights in Western developed countries, which have a reference to improve our private property legal support system. Secondly, the author explains the history of our system on protecting private property, focusing on the course of the rights of private property into constitutional after the foundation of the People's Republic of China, and the development and the achievements of protecting private property in administrative law in recent years. At the same time the author points out the difficulties and the reasons to achieve comprehensive protection of the private property.