Discuss The Equal Protection Between Public Property Right And Private Property Right In China At This Stage

As a socialist public ownership country, China's constitution has been highlighted on the protection of public property. As the market economy develops and matures, the equal protection between private property right and public property right has become an important problem which needs to be resolved immediately in Chinese law construction. In 2004, the fourth amendments of Chinese constitution which prescribed the protection of private property right represented a whole new stage in chinese constitutionalism construction. In March,2007, the pass of established the basic principle which requires equal protection between private property right and public property right.However According to China's current national conditions,if chinese constitution system really support the equal protection,it attracted big controversy in theory field.The main point of this papper is the need for implementation of the equal protection between public and private property rights, And proposes my view on how to establish and perfect related the legal system. This papper mainly used the historical and comparative approaches, discussing the main points by five sections: First through the analysis on property right and related concepts, defined the basic content of property rights, and traced the origins and developments of property rights theory, the constitutional system development of property rights in China since 1949; Combined with the Constitution proposing the classification between public property and private property rights, the specific meaning of equal protection and the significance of the equal protection between public and private property rights, analysised four"conductive"s in equal protection, conducive to mutual integration and promotion between public and private property, conducive to the development and perfection of the socialist market economy, conducive to enhancing the social democratic awareness, conductive to promote social harmony. This article focuses on the problems that exist in equal protection between public and private property rights in China at this stage, Including legal flaws, socio-economic environment flaws, ideological and cultural flaws ,etc, and chosed three typical representatives from western constitutional system: France, United States and Germany, Sum up their constitution protection model, advantages and disadvantages, concluded on China's useful experience in equal protection between public and private property rights. Finally, through the analysis on China's current political environment and economic development,proposed my views on how to implement the equal protection between public and private property rights, from two sides proceed: First, strengthen the improvement of China's constitutional system; Second, promote ther's legal system work(such as Civil Law, Administrative Law, Criminal Law, etc ) at the same time.