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The Exposition Of Constitutional Assurance On Rights Of Citizen's Private Property

Posted on:2009-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2166360272463645Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The constitutional amendment overpast in 2004,which is about twoitems------the country have to respect and protect rights of human, as well asthe legal private property of citizen's not be violated that makes the assurance of citizen's private property got constitutional gist. However, the constitutional assurance system that regulates rights of citizen's private property has not been perfected yet. The thesis not only uses the way of comparative and historical analysis, but also uses the advanced experiences in other developed countries ,to analyze the evolution of citizen's private property rights and discuss the actuality and the problem of the assurance of constitution on rights of citizen's private property in our county. In conclusion, the thesis settles the existed problems and brings forward some suggestions about how to perfect the assurance of constitutional rights of citizen's private property in our country.The thesis is made of three parts------the introduction, the text and theconclusion. The introduction introduces the writing background of the thesis and the meaning of studying the constitutional assurance on rights of citizen's private property.The text is made of five parts. The first part of the text is about the basis theory of the constitutional assurance of citizen's private property rights. Firstly, the thesis compares the concept of property with the right of property . Based on this, the thesis brings forward the concept of citizen's rights on private property in civil law and in constitutional law. Secondly, the thesis discriminates the above concepts and educes three attribute of the constitutional citizen's rights on private property. Finally, the thesis brings forward the concept of the constitutional assurance and the concept of the constitutional assurance on rights of citizen's private property.The second part of the text is the theory base of the constitutional assurance on rights of citizen's private property, which is made up of the constitutional base and the base on the administrative law. The third part of the text is using for reference about the foreign experience in other developed countries which is made of two smaller parts. The first smaller part is the comparing study about the constitutional assurance on rights of citizen's private property in some typical foreign countries, which conclude Germany, The USA and Japan. The second smaller part estimate the constitutional assurance systems of rights on citizen's private property about the above countries and conclude in the available experience on perfecting the constitutional assurance on rights of citizen's private property in our country.The forth part of the text analyses the history and actuality of the the constitutional assurance on rights of citizen's private property. Firstly, the thesis sum up the regulation of citizen's private property rights on constitution before 2004 and analyze them. Then, the thesis makes an analysis about the constitutional assurance on rights of citizen's private property and put forward the existed problems for the moment.The fifth part of the text put forward some suggestions about the constitutional assurance on rights of citizen's private property, which basedon the forth part. This part is made of five parts------the perfect on theconstitutional criterion, the perfect on the legislation, and the perfect on the constitutional suit. The conclusion sum up the production and the signature according to the study. According to study, the thesis come to the conclusion that the perfect of constitutional assurance systems is a complicated project, which not only need the perfect of itself, but also need the perfect of other systems.
Keywords/Search Tags:Human rights, Rights of citizen's private property, The assurance of constitution
PDF Full Text Request
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