By Private Property Rights And Civil Law Value And System

The abstract private property rights are an expression property ownership concept, it is the productiveforces develops certain stage inevitable contact form, is the commodity production development final outcome.Private property rights and civil law basic idea---The right standard has the intrinsic uniformity, it produces the theory of human naturefoundation is the people inherent selfish psychology, but the civil law right standard has been displaying the society from the system to the people this kind of psychology encouragement and the approval; Looked from the economic analysis angle that, the private property rights are breeding the efficiency and the order, but this is precisely the civil law economical function; The civil law core value basis manifests is to the free safeguard, but the free essence is to private property possession, was precisely has manifested the private property rights and the civil law conjunction nature from above three aspects.Our country must realize the civil law statute book and the modernization, must take highly the personal property rights protection, strengthens to the private property rights research.In this aspect, this article pays great attention to the scientific nature, the standards and the feasibility unifies, discusses the legal science from the people, the administrative jurisprudence, the law philosophy, the jurisprudence, the legal system history and so on many legal science domain embarks, the union philosophy, the economic, the politics, the history, the sociology, the literature and so on many angles, the use enumerate the law, the induction, longitudinal and the crosswise comparison analytic method and so on many kinds of research technique and the method carry on the comprehensive thorough elaboration to this topic viewpoint, used from has abstracted concretely to, from the theory to the practice research mentality, logic is strict, the proof was reasonable, for the people knew has provided one kind feasible with the analysis private property rights and the civil law relationsLegal science angle of view.This article viewpoint is: Present "Reality of laws" related right of private ownership exertion also compares the principle with protection some stipulations, unspecifically, the pending further refinement, strengthens the rule the feasibility, manifests specifically in: "The property rights" the connotation too is small, must use "the property rights"; "Legitimate" two characters are unreasonable, deny individual property rights the human rights attribute; Takes to individual subsistence means protection, despises to individual producer goods protection; The citizen personal property rights safeguard is not full.