Exposition The Protection On The Rights Of Private Property In The Constitution Law

The constitution law,which had been modified by the National People's Congress on March14,2004,had been added two items about both reformation and opening clause,and some valuable experience from the new practice of socialist modern construction .The 22th modify clause had modified the 13th item in the constitution law,it ruled that"the citizen's legal private property cannot be infringed","according to the law,our country protects the citizen's rights of private property and inheritance","for the requirement of public benefit our county could collect or expropriate the citizen's rights of private property ,and give some compensation to them according to the law".This modify clause certified the status of the citizen's rights of private property in the rights'system and ensured that the rights of property protected by the constitution law more sweeping and serious.Finally the modify clause of constitution law firmly added the protection on the rights of private property in the constitution law.This will must drive our country's law system adjustment and finally make our country's law system more sciential and our legal society more advanced.The rights of private property is a person or a family owns the full-set of rights of their property,it is the opposite definition against the rights of public property.these rights of private property in the constitution law should be defined as the citizen's born, non-transferable and non-deprivable qualification of exerting the rights of private property.It embodies the institution of the rights of property.The body value and the composition as human right of protection for the rights of private property in the constitution law is better than in the civil-law.For the above three aspects,(of cause not only for these three)show that there is a little advantage for the protection on the rights of private property in the constitution than in the civil-law. The rights of private property is a kind of basic human right,is the qualification of market economy development,and is also the base of democracy.From the above three aspects,we can see that the rights of private property plays an important role in recent social,economic and democratic life.Then this article will analyze the practiced rule and legislative idea about the protection the right of private property in the constitution law in some western counties such as America,France and Germany and so on.It is known to all that rights of private property is one of the most important basic rights,and it is also one of the most important aspect in social democratic life,but not except that there is some restriction in the range of the law ,and at the same time,there would be some compensation for it.So our country could not move from one side to the other side,but should value the protection of the protection on the rights of private property in the constitution law,as protecting the rights of private property,and also make some compensation to it .From these last 50 years ,our country make the protection on the rights of private property in the constitution law changing,we can see from it that as the Chinese Communistic Party and all the Chinese people recognize the basic problem of"what is the socialist,and how to construct the socialist",from perceptual to the reasonable,the economic institution of our country had been accomplishing and developing gradually,the status of the economy increasing gradually.So not only from the sense but also from the range,the scale of the protection on the rights of private property in the constitution law is become more and more deeply than before.Though the modify clause of constitution law in 2004 is a large advancement,in detail,there are also some disadvancement needed to modificate:Firstly,it requires to further improve the status of the protection on the rights of private property in the constitution law,and make sure the equal and general protection principle of the property rights;Secondly,it requires to build a perfect saving institution of private property rights;Thirdly,it requires to make sure the collective and expropriate institution of the protection on the rights of private property in the constitution law;Forthly,it requires to make the equal and reasonable compensative principles perfect;Fifithly,the Law of Reality should make these various characters of the property rights equal considered and equal protected;Sixthly,dispose the"special problems"in the transformable period;Seventhly,limit the administrative power and broaden the principle of market entrance for the private enterprises;Eighthly, limit the administrative power according to the law,strengthen the administrative legal system;Ninthly,broaden the administrative control for the finacing,investment,sales and market entrance.So our country should ensure the law system of the protection on the rights of private property in the constitution law from these above nine aspects,then constitute a social legal protection system about the rights of private property perfect.In conclusion, the protection on the rights of private property in the constitution law coincident the legal rights of the most people and our constitutional spirit.It is to say that the protection for the rights of private property is a basic qualification for the development of the constitutional government,it is also a legal measurement which coincide the age developing.This measurement must force the course of our country's legal modern constitution.