On The Coordination Of Civil Law Protection And Constitutional Protection Of Private Property Rights

The private property rights, which has an important position in the westen societies, is a basic element of human rights as to the rights of life and freedom. This ancient faith already become a belief. As an important right, protecting the private property rights is not only improving and perfecting the socialist system of market economy, but also promoting the full development of human. In order to completely protecting private property rights, we need the constitution,civil law, administrative law and criminal law to provide an all-around protection in respective realms. Among them, the protection from constitution and civil law is the most important one, and is the main part of this article.The protection of private property rights has received more and more recognition in our country. In the year 2004, the constitutional amendment clearly states the position of private property rights in the Constitution and improves the legal protecting system of private property. It states that"the lawful private property of citizens is inviolable"and"The State protects the rights of private property and its inheritance of citizens in accordance with law". The enforcement of Law of things in 2007 and the enactment of civil code means that the civil law protection of the private property rights is improving and perfecting constantly. But the current civil law, which is the most important departmental law that regulates the market economy, does insufficiently protect the private property rights in the legislative aspects, and lack the corresponding guiding principles and specific stipulations. Thereby, at the time of getting these progresses, we must distinctly know that the research for the legal protection of private property rights hasn't terminated, and we have a lot of theoretical and practical problems to resolve. For example, how to distinguish the relations of the protection of private property rights under Constitution and civil law, and how to coordinate with them. Therefore, this thesis begins from comparing with the protection of private property rights under Constitution and civil law, and analyzing the respective advantages and disadvantages. It considers that once these two ways can coordinate with each other to protecting the private property right, we can construct a perfect legal system to protect the private property rights. On research methods, the thesis use historical analysis, comparing analysis and practical analysis comprehensively to elucidate the protection of private property rights under Constitution and civil law. So that it can form a systemic theory and offer intelligence support for perfecting the legal system of protecting the private property rights.Therefore, this thesis expounds the protection of private property rights under Constitution and civil law from the following four aspects: Firstly, defining the concept of private property rights from different angles. Secondly, analyzing the protection of private property rights under Constitution and civil law in theory, and indicating the differences between them and the reasons. Then, it is to analyze the current legislation for protecting the private property rights under Constitution and civil law to point out the progresses and drawbacks. In the end, according to the practical problem, this thesis puts forward several suggestions to perfecting and coordinating the protection of private property rights under Constitution and civil law.