Recognizing The Protection Of Personal Property Rights By The Chinese Property Rights Law

In modern property law, private property right has a status that can not be ignored. However, in Chinese history, the private premise of property rights has always been disregarded and the private property rights is lack of protection. Chinese property law has an equal protection for the private property rights, but there are also defects such as the requirement is not specific, and the operability is not enough. In fact, how the property law in China to achieve the equal protection of private property rights is not a question of legislation, but the standard of the law and is that how to explain the legal doctrine well after legislation, so that leading to a high standard of the law with a high degree of operational, and to reflect the value of China's property law during the implementation, ultimately solve the problem of property rights in China today. Principles of law can be well explained based on quoting and utilizing the Legal Philosophy. Hume's theory of property rights is a rule based on justice and the doctrine of interests. Compared with the thinking of the property of Locke, Hegel, and Marx, Hume's theory of property rights put emphasis on subjective idea and human nature, are not recognized as the mainstream of academic thought. However, Hume's theory of property rights can give a way to Chinese property rights in protecting the private rights, and can be cited and learned by Chinese future issuing property rights. It will be a good enlightens for China's property law to protect private property rights in basic theoretical research and implementation of legal norms and also it has a far-reaching political, economic and social significance in building a harmonious society in China today.This thesis is an article on protection of private ownership of Chinese property law and a theory guiding the judicial practice. Aims to draw on Hume's academic thought of property rights and combine with the reality of our country to explore legal principles of Chinese property law legislation, to expand ideas of legislation, and to increase the operability of Chinese property law in protecting private ownership and to solve the property issues in our country today. In this article, it explains how to combine with Hume's theory of property rights to use Chinese property rights of protecting private property rights legislation and judicial practice in both objective and subjective aspects of the concept will be the focus of this paper. This article is divided into six parts:The first part is introduction. This section addresses the topics of the theoretical and practical significance from five areas: the research status and comment at home and abroad, the basic content of the subject, the definition and scope of the concept, and the research ideas and methods.The second part is the first chapter: an overview of Hume's property theory and the theory of other experts. This chapter first outlines Hume's theory of property right, that is the three rules of justice: the rules of stability of the possession of property, the rules of transferring all objects according to the same meaning, and the rules of fulfilling the promise; second, giving an overview of the property theory of Locke, Hegel and Marx rspectively.Third part is the second chapter: Hume's theory of property rights and the comparison and analysis between Hume's property theory and the theory of other experts. This chapter will make a comparative analysis on Hume's theory of property rights with the theory of Locke, Hegel, Marx's to make an ideas for the third and fourth part of the article: the three rules of justice mentioned by Hume's theory of property rights such as stability of possession of property, a sense of common interests ,the rules of justice, as well as the psychological mechanism of property rights and the relationship between political and social thinking can be both objective and subjective point of inspiration in China to protect private property rights, and can obtain guidance to the judicial practice of property rights.The fourth part is chapter III: Hypothesis of Chinese property law to protect private property rights. This chapter first get the inspiration from Hume's theory of property rights, the rules of the stability of possession: the formulation of legal rules is the requirement of establishing and protecting private property rights, lay the foundation for the protection of private property; Secondly, regarding the promulgation of the Property Law as a stage, give the review of the fact that Chinese law has been lacking of equal protection on private property rights; Finally, give the conclusion, through analysis we know that the property law is the most effective and objective rule in equal protection of private property rights, the socialization of property rights not only does not impede on the protection of private property, but can give the targeted protection to the implement of private property rights.The fifth part is chapter IV: the concept of property law protecting the private property rights. This chapter first gets the inspiration from Hume's theory of property rights in the sense of the common interests of the rules of the psychological mechanism: Chinese property law protecting private property rights should be filled with legal concept, the government should fill the subjective consensus on national interests into Chinese property law legislation to protect private property rights. Secondly, through analyzing'property rights are the basis for the establishment of political society'from Hume's theory of property rights: the possibility of establishing the concept and system of private property rights in our political society. Finally, according to current policy, suggest the concept that the property law protecting private property rights should demonstrate people-centered concept of scientific development.Part VI is the conclusion, sum up the comments and views in this article , and make further prospects on Chinese property law for the implement of private property rights protection.The thesis will take jurisprudence, law philosophy theory investigation and discussion as basis, combining with legal realism as the core methodology, and this research method penetrates to integrating theory with practice joining various research method such as analysis method , comparison method, synthetically analysis method wielding a document synthetically all the time; appraises Hume's property rights theory value with the Marxism theory's angle of view, thus obtains the enlightenment from Hume's property rights theory for the implementation of property law in China on the protection of private property rights. 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