Property Rights Guaranteed By The Constitution

Property, freedom and life are well known as the three major elements of human existence. The property is the basic material of human freedom, survival and dignity. That how to protect private property rights of individual citizens has always been the focus of constitutional scholars to explore about Constitution, especially after the 2004 amendment in which the Constitution has explicitly put forward that "nation protect the lawful private property of citizens", the field of theory and practice all explore ways of using the Constitution to protect citizen's private property better.In this paper, I comparative analyse the subjects by means of constitutional property rights and of civil law property rights and then delimit the property rights in constitutional sense. First of all, the constitutional property rights is a basic human right. It is the power of citizens against the country which embodied Antagonistic relations between citizens and the state. That how to use the Constitution to protect the property rights of citizens, there are a lot of successful experience which is worth our study and emulate from a comparative law perspective. The United States, Britain, France and Germany do well about that.In this paper, I want to point out problems and deficiencies of the protection of property rights in our country through historical analysis of the development process of the constitutional guarantee of property rights in China. Finally, based on Chinese reality ,I want to focus on how to improve China's system of property rights guaranteed by the Constitution from foreign experience in the constitutional guarantee of property rights.In this paper, the structure is divided into five sections. The first part, I lead to the Constitution of the topic by the recent demolition of several relatively well-known case of property rights.In the second part,I want to define the meaning of property rights in Constitution by comparing the concept of constitutional property rights and the concept of property rights in civil law and further reveal constitutional value of the constitutional property rights.In the third part,I analysed the development process of the constitutional rights of the Western developed countries and fully benefit from the advanced experience and improve the protection of property rights in China. In the fourth part, I analysed the development process and practice of the constitutional property rights of citizens and then come to the problems and deficiencies of the protection in property rights in our country.In the fifth, based on the above analysis part, I want to point out that how to improve our system of property rights guaranteed by the Constitution.