The Constitutional Protection To Citizen's Right Of Property

The property is the material foundation of freedom and dignity, which is thought as an element of human beings' existence with other two elements, freedom and life. As far as we consider it's the focal point of discussions about the constitution that how to protect the right of property of citizens. Especially after constitution of our country has listed the right of property of citizens, the academic circles are searching the ways of how to protect of property of citizens in better ways. The author uses the method of academics comparison, which is to compare the three sides in of the right of property regulated in constitution with it in civil law, in order to limit the definition of the right of property in constitution. Firstly, it is one of the basic human rights, and concretely it has bilateral characteristics: One belongs to the power of defense against the government; the other belongs to the insurance of possession of institution. That how to use the constitution protect the right of property of citizens is a problem. From angle of comparison, the Lord Chancellors of the American Supreme Court use the explanation techniques of the constitution legislating 200 years ago and the institution of the special unconstitutional reviewing to protect it; in German, by using the mature of presentable constitution of provision and constitutional court of unconstitutional reviewing mechanism to support the right of property of the citizens. Now most of the discussions emphasize the amendments of the constitution, but they cannot find the ways to remedy the infringement of the property in practice. In this article, the author uses the history analysis method to analyze the evolution of constitution itself and also to describe the process of evolution of China. At the same time, it is to analyze the examples of infringement of the property in practice, and it is found that every example reflects the problems in constitution, which has proved the importance of the protection by constitution. At last, by lending the exigencies of foreign counties, especial German, we can build the frame of protecting the right of property of citizens in constitutional protection system: one is to review the institutional protection of the right according to the spirit of Constitution; the other is to build the system of the individual protection according to our situation, which also can promote the development of direct litigation and the right of constitutional review, in order to build the protection system of the right of property of citizens which is guided by the Constitution.The article has five parts. In the first part, it is to compare the two definitions of the property in constitution and civil law, in order to make the definition of the right in constitution clearly and to find the values and the importance of the protection in constitution; The second part aims to distinguish the relations of the right in constitution and it in civil law, according the debating of the problem of the two fields In the third part, the author conclude the enlightenments by lending the experiences of foreign developed constitutional system; In the fourth part, it is to analyze the evolution of protection the right in constitution and the problems of protecting the right of property of citizens in the practice; In the fifth part, according to the practice, it is to build the constitutional system of protection: one is the protection of the right of the property; the other is the protection of individuals'.