The Legal Protection Of The Property Rights

As the basic method to survive, the property right was formed when human entered class society, which included both economic reasons and political purpose. After a long historical process, family property rights gradually developed into personal property. In the early bourgeois revolution, the protection to property rights became the goal of revolution. After the victory of the bourgeois revolution, the property right of the constitution became absolute one, against infringement from the state. However, the consequences of free competition result the bourgeois society into monopoly period, which property was restricted and undertake the responsibility, being opposite rights. The course of the property right to finalize the design is a civil rights to the Constitutional rights, the absolute right to relative right the evolutionary process.The main factors of the property rights include the subject and the object. The subject is the beneficiaries of property rights. In subject of property rights, citizen is the basic one, for political society's purpose people set up is to protect their property. Based on natural rights, the idea of universal equality and international trade, many countries will the property of foreigners into the scope of protection of the constitution. In modern society, the legal person outspread ability of natural person and face the same invasion from the country. So confirming the constitution status of the property right of the legal person is ultimately to protect the natural person. With the development of society, the country became the main providers of wealth and the groups relying on the country to obtain wealth become the special subject of property rights. The object of property rights is property. However, in different age, the meaning of property is different also. The content of property rights is expanded from the traditional property to economic value right, from the property right in private law to the right property in public law.The value of property rights is positive attributes of satisfying subject in personality, economy and politics. The personality value of property rights is that the property rights is foundation of the survival and security of the freedom and become foundation in the human rights system. Without the basic safeguard of the property right, realizing the other property is a dream. The economic value of the property right is that the property right could define the attribution of property , arouse self-interested motive, recognize the fruits of labor, maintain exchanges and cooperation and improve economic efficiency, promote Economic development and market economy system. The political value of property rights is that the property rights cultivate democracy, become the foundation of rule of law and provide the reason for building political society and make control requirements to political society.From the protection mechanism of property right, protection of property rights is divided into two aspects of the international and the domestic. The international level, firstly, refers to the UN framework of property rights protection mechanism. The second is the international conventions on human rights formed by regional property protection mechanism. For personal property right, the protection of domestic level is the most frequently and responsible for most of the responsibility.Logic structure of legal norm of property rights protection includes safeguard clauses, restriction clauses and compensation clauses. Safeguards clauses constitute the core of property right system of property rights. The restrictions clauses are appropriate restriction to the property rights. Compensation clauses of property rights are the checks and balance of the limitation of property rights.Constitutional norm of property rights protection in China also has the logic structure with the security, restrictions and compensation clauses. However, due to the constitution principle, public interest, the expropriation, compensation principle has not defined. So it is necessary to discuss these concepts and theories briefly.