Research On The Restriction Of Ownership

The property right is the most basic, also the most important property right of the human society. It has profound significance in the progress of society and in the development of human culture. In the 19th century, the liberalism property right idea emerged, it enabled the property right to have the intense individualism color, and it caused the property right to become an absolute right with the absolute, exclusive and indissoluble characters. But, along with the development of economy and society, along with the emerging of "social standard" legislation idea, the laws not only should pay attention to individual freedoms and rights, moreover, they must pay great attention to the harmony of personal interests and social benefits. Along with the theory of property right socialization disseminating widely in various countries, the absolute quality of property right is experiencing intense challenge from the new times, people are appealing to restrict the property right more and more strongly. Carrying on the restriction of property right is the time need, also will be the trend of development of future property right system. Speaking of our country, carrying on the restriction to the property right has full reasons. At the same time, in current society, the restriction of property right has huge theory values and practice significances. Therefore, our country strengthens and consummates the legislation of the restriction of property right complies with the social need.The full text includes the introduction and other four parts, it analyzes from the implication of the restriction of property right, the reasons of the restriction of property right, the comparative inspection of the restriction of property right and the construction of our country's rules of the restriction of property right separately.The introduction obtains from the backgrounds of research, it has made an upholstery annotation to the primary intention, the present situation of domestic and foreign research, the research goal and the significance, and the mentality and methods of research.The first part analyzes the implication of the restriction of property right. First,the article annotate the implication of restriction of property right; Next, the article analyzes the legal characters of the restriction of property right, namely, the restriction of property right includes static restriction and dynamic restriction, the restriction of property right and the protection of property right are unified, and the restriction of property right essentially is the restriction of autonomous meaning and so on; Finally, the article compares the restriction of property right and the socialization of property right, elaborates the relations and differences between them. The second part inquires into the reasons of the restriction of property right. First,the article analyzes the rationales of the restriction of property right, namely, the emerging of the property right idea of "social standard", the need of the equal protection of real right, and the prohibition of abusing rights and so on; Next, the article explains the values of the restriction of property right from the theory and practice.The third part is the comparative inspection of the restriction of property right. First,the article introduces main Mainland Legal System countries and locals, namely, French, German, Japanese and Taiwan area; Next, the article introduces the system of the restriction of property right of main English—America Legal System countries and locals, namely, English and America;The fourth part is the construction of our country's rules of the restriction of property right. First,the article analyzes the possible barriers of the restriction of property right from subjective and objective; Next, the article clears about the basic guiding principles which the restriction of property right should follow, namely , do not have to abuse "the public interest" , the reasonable restriction of property right, and the equal restriction of property right and so on; Finally, the article carries on the self-criticism and reconsidering to our country's present system of the restriction of property right, and want to strengthen and consummate our country's legislation of the restriction of property right.