View Constitutional Property Rights System And Its Practice From A Constitutional Perspective

The property is the basic condition for people's life and production and the main benefit for which they competes. The demand for property is important motive power which promotes people to pursue their self-development and society to pursue efficiency. These demands for property must be assured through obtaining, protecting and enlarging of property rights of people. Economist Buchanan points out that people's property rights have decided the degree of people's freedom, and that the protection condition of property rights has decided to what degree the people's freedom can be realized nowadays. In Contemporary China property has become the material basis for people to develop themselves better.Therefore, to promote the development, we need to continually expand and protect people's property rights. The Second Session of the 10th NPC adopted a constitutional amendment which will protect the legitimate property of the individual enshrined in the Constitution, and stressed the importance of the protection of private property rights. The protection of property rights reflects the essence of socialism and will be able to protect vulnerable groups, social equity effectively. Besides, by establishing a well-off society comprehensively, carrying out life-long education, promoting human capital and constantly stepping up the building of political civilization to protect and expand people's property rights, so that we can provide the better material conditions for human development.By the way of comparative analysis, interpretation of the law, empirical research of methods and historical analysis, to begin with, this paper is to identify the basic concepts of property rights, to elaborate on private property rights as the foundation of individual rights and property system as the basis of constitutional system under constitutional theory, and to analyze the relationship between private property and public property rights further; Furthermore, this thesis argue about protective policy,theory and practice of property rights in the People's Republic of China. This part emphasize the starting point of China's realities, attempt to find out the facts resulting in the Chinese property rights regime change from a constitutional perspective, analyze how the legal system of property rights to respond to the reality and to distribute institutionally the power resources in an appropriate degree to enforce constitutional protection of property rights. Then, my paper will further study that what role the previous changes of the system of property rights play in the social reality and analyze the interactive relationship between the system of property rights and the social reality with Marxist analysis of empirical research methods. Next, by studying about the property values and the system, this theme brings forth some superficial opinion about private property and public property about China's constitution.Focusing on the existing system of property rights and social realities while basing on constitution and the constitutional documents, this thesis tries to catch the problems which are reflected in the property rights protection system, to analyze the causes and find corresponding measures. At the same time, for providing valuable reference about how to achieve effective citizen property rights protection and preserve our constitutional authority, it will study the foreign Constitution and constitutional theory, contrast with ours and confirm each other.