By Constitutional Protection Of Private Property Rights

The private property right is a fundamental right of the citizen. New requirements come along in theory since its status was established in the Constitution in 2004. The first and second parts of this essay discuss what private property rights mean in the Constitution and the legal basis for the protection of private property.The third and fourth parts introduce the history of the protection for private property rights in China and analyze problems existing in the protection of private property in china. The fifth part advances suggestions to improve our constitutional regulations in protecting private property.This thesis holds that it is entirely justifiable and equitable that the private property rights should protected in our country. To protect the private property is one basic requirement of our socialist economy, of the establishment of a legal country, of a moderately prosperous society, of economic development. But since we have gone a long and tortuous way toward protection of private property, in practice there exist damage to private property right from public power such as legislative power, judicial power, and the enforcement of law, especially administrative power. The damage to private property right can only be diminished by restraining and regulating legal public power, especially the use of administrative requisition power,and by improving the system of the liability fixation and administrative indemnity.