The Constitutional Guarantee Of Private Property Rights

In China, the civil law protection of private property is comparatively perfect, while the public law protection of private property, especially the constitution protection is still weak. The social need of private property integration protection requires improving the constitutional protection of private property. However, there are important flaws in the present regulation concerning private property in 1982 constitution, which is regulated based on the consideration of private property as rights in civil affairs and legal interest. Influenced by the present constitution, most studies in law field on private property treat it as the rights in civil affairs or only focusing on the government takings and compensation of private property, not providing systematic and profound research. This thesis try to make a systematic and profound research on the constitution private property rights by applying the study approaches of the comparative constitution and the sociological jurisprudence.The present thesis falls into four parts. The first part proposes the study subject, its significance and methods. The second part explores the theoretical basis of the constitution private property rights. The third part studies the establishment and development of the constitution private property rights from the modern to the contemporary, and analyses its characteristics and contents. The fourth part firstly discusses the present problem and resources of the private property in 1982 constitution. Meanwhile this part explores the necessity and possibility of its perfection. At last, the specific conception to improve the position of the private property rights in 1982 China constitution are suggested.In the present thesis, some considerable peculiar ideas are put forward. First, it is originally mentioned that private property rights are greatly influenced by the ideas of Christian mythology. Second, this thesis original give the separation between the negative property rights and the positive property rights in constitution private property rights. Third, this thesis demonstrates the regulation concerning the social duty of private property in modern constitution, which establishes that private property is social duty, not that private property is responsible for the social duty.