On The Protection Of The Private Property Rights By Constitution In The Normative Perspective

The research on the protection of private property rights is becoming the topic in the theoretical and practical circles at present. At the angle of the constitution science, private property is the basic human rights. Establishing the constitutional protection system of the private property rights in China may promote the development of socialist market economy and the rule by law and also meet the development of China eonstitutionalism's need.In the writing process, the paper, based on the .present existing research results, studies the history, theory and practice of the protection of private property rights systematically in the normative constitution's perspective. Firstly, it remarks the constitutional protection of the private property rights in the longitudinal direction, discusses the content, cause and meaning of the protecting system of private property rights through its evolution and contrast of the Western modem times and contemporary age, and concludes that there is a dynamic and rational balance between the protection and restriction of the private property rights and social interests. Secondly, it discusses the theories of the private rights under the protection of the constitution in the crosswise direction and analyses the protecting mode. It is not a static, but a dynamic norm system, namely the constitutional effectiveness. Finally, it argu.es the existing normative system and its insufficiency in China at the angle of practice, and puts forwards the writer's own ideas and opinions about how to deal with the problems and a perfect mode of constitution protection of the private property rights, which is based on modern times having contemporary character at the same time.