The Constitutional Protection Of Private Property In China

Property right is an essential aspect of human right. To confirm property right is the first step of the division for a private area free of oppression, and the prevention for state autarchy consists in the recognition and protection of private property. Therefore, property right protection is a question for discussion in constitutional law as well as civil law.With the deepening of the opening and reform policy in China, voices for the amendment of the constitutional law to enhance the protection of private property right have been up swinging as private property holdings of citizens and the influence of private sector in the whole economy increase. The reinforcement of private property protection is significant, and to do this work conscientiously needs not only the amendment of the constitutional law but to build a constitutional institution as well. For this purpose, it is necessary to improve the political, economic, social and cultural environment through the legislation, implementation and supervision of the constitutional law.So this article includes five parts. The first part is definition about the constitutional protection for private property, including property's meaning, property right in constitution and civil law. theconstitutional protection for private property, the principle of the constitutional protection for private properly, development of the constitutional protection for private property. The second part expounds necessary about the constitution protection for private property in China. This part expounds three aspects: Protection for private property is requirement of basic right and legal country. It is measure of economical development. It is requirement of perfecting market economic system. The third part is course about the constitutional protection for private property in our country. The fourth part is about drawback of the constitutional protection for private property at present in our country. The fifth part demonstrates how to build a constitutional institution about the constitutional protection for private property.