On The Protection Application Of The Legal Reservation Principle For Citizens' Private Property

Legal reservation principle, as the core content of legal administration, plays a significantly important role in restricting administration power and protecting citizens'basic right. With the increasingly developing of society , research of payment administration on the rise and the scope of private property rights constantly expanding, many countries have begun to bring the government supplies into the scope of property rights and advocated to give them equal protection under the law as the traditional property. And the theoretic research of legal reservation principle also has expanded application scope to benefit-giving administration behaviors by adding citizens'rights and interests such as citizens'property right, therefore the application scope of the legal reservation principle on the private property right should be expanded to some extent too. Judging from China's current practice of legislative , the loss of China's legal reservation principle which exits in protecting private property rights are: the protection of private property rights are too narrow in scope, limited to behaviors against property right and interest, not bringing the"new property right"into the legal scope of reservation; the density of protection of the private property rights of citizens is too low, executing relative law reservations and provisions of authorized legislation are vague; administration legislation brazenly violates the legislative authority of the legal reservation on private property right. And the main reasons that have caused the loss are: long-standing disadvantages of traditional cultural values, resulting in neglect of the legitimacy of the pursuit of private property rights; excessive expansion and abuse of administrative power and the uncertainty of the public interests; loss of self-protection mechanisms of the legal reservation. Therefore, we should change the application status of the legal principle reservation on citizens'private property, first, we should cultivate the right concepts of private property ,straighten out the relationship between the administrative power and the private property right; second, we should expand in form the application scope of the legal reservation principle to citizens'private property right and upgrade the existing laws and regulations affecting the property right; then we should in essence call for the law not infrining upon the nature of rights ,through specific legislation define the scope of"public interests"and protect citizens'property rights from arbitrary restriction and deprivation; finally we should perfect mechanism for supervision of administrative legislation and aid for the property right to ensure that the legal reservation principle itself could be effectively implemented and effectively protect citizens'private property right.