Inquiry Into Justice Of Property Rights

When economy justice becomes the subject of society justice day by day, as a basic right arrangement and the system designment of social economy life,the request of property rights maintains human's survive is undoubtedly foundational。About property rights contains ethical value view of human's basic right request, chinese and foreign thinkers have the deeper elaboration,although has the far different,all realized the necessity that the property rights arrangement which coheres with the justice to the society fair and the social stable development。The reason of the contemporary china economical reform meets the bigger resistance, in the suitable degree is because the property rights system exists"justice flaw", and does not have truly realized"the right property rights inviolability", then brings the social moral order confusion。Therefore, in view of national condition, must take the Marxism property rights thought as the instruction, and construct a kind of"justice"value view of property rights, it must contain which"the main body of property rights is equivalent; acquisition of property rights is right; the protection of property rights is strict and so on", in its concrete content can also manifest the value guidance of"the human is the goal"。Speaking of the practice, about our country property rights system reform, must carry on moral measure and profound reconsider using the property rights justice principle, for example: in the reform process of state-owned enterprise property rights exposed the problem of"the owner absence"and the state assets drained under this influence;the demands of Private economical property rights about the problem of the legal status and"national treatment"; In urbanization the problem of farmers'land property rights infringed。These realistic problems need have the pointed analysis and the justice countermeasure, the construction of the property rights justice system should be a direction of contradictory solution, in which system of ownership structural style consummation as well as construct"the quaternity"type of Chinese characteristic modern property rights system, regarded as the mean in topic of the socialist system self-development。The arrangement of the paper structure has four parts: The first part firstly gives property rights connotation one combs briefly; secondly, it must make lucubration about what justice is and the ethical connotation of property rights with it , and make a historical survey and ethical analysis comparison about the views of Chinese and Foreign property rights justice。The second part is key, mainly specifically elaborates the basic principle factor of property rights justice, and in the content, tries hard to manifest the progressive in logical thinking。The first chapter of the third part is a difficult point, the reform and the construction of the property rights system of the state-owned enterprise are a tight place of the current economic system restructuring, regarding this, may begin with the typical problem which exists in the property rights reform of the state-owned enterprise; Next, in the property rights type, should hold which value manners to the public and the private property, about these, we will make an elaboration in addition, because these all concern with the basic fair of the property rights system arrangement; Finally, the problem of the farmers'land and property rights protection is one of the important subjects related property rights justice, facing the farmer who is the weakest community, it is necessary to establish the system of compensation for land taken up which is in harmony with the property rights justice。The fourth part will discuss is the problem of the property rights system construction under justice, and must enable the property rights reform to cohere with justice requirement under the condition of Chinese characteristic socialist market economy。...