Administrative Law Protection Of Private Property Research

Since the structural reform of the economy began in china, Chinese people have had to face the development of the private property. But affected by the traditional mentality of socialist public ownership system, private property right was always discriminated by the law. With the development of society and advance of people's realization, private property right has began to be acknowledged gradually, in the end, it was written into the constitution. However, private property right in constitution is only norm in principle, and department of law is needed to ensure it's administer .In practice, the harm to private property right is not from private juridical person but always from public power, especially administrative power .In this article, the author tries to study the protection of private property right in respect to administrative law.This article consists of two parts, and each part has two chapters .In the first part, the article mainly studies the administrative law protection of private property right based on jurisprudence and constitutionalism. In the first chapter, the author talks about the means of property, property right and private property right, and finally discusses several authorities on private property right and several formations of private property right in history. In the second chapter, the author firstly studies the means of private property right in constitution, then discusses the reform of china constitution related to private property, and in the end analyzes the challenge to the protection of private property right under administrative law for the forth constitutional amendmentIn the second part, the first chapter mainly discusses the conceptual knowledge of private property right, the author firstly introduces the situation of private property right at present, then points to the significance of protecting private property right by law, and in the end discusses the character of protecting private property right by administrative law .The second chapter mainly analyzes the creation of law, the author firstly focuses on the boundary law of private property right, then, in the respect of improving the system of the administrative compensation in the course of administrative requisition, discusses the scientific realization of public interests ,makes suggestions to thescope of administrative compensation > the standards of administrative compensation* the procedure of administrative compensation and disputes over administrative compensation, in the end, the author makes suggestions to the doctrine of liability fixation > content of administrative indemnity and scope of administrative indemnity, in the respect of improving the system of the administrative indemnity.