The Constitutional Guarantee Of Private Property Rights

Property, property rights, and private property rights have different means in different fields, but as a series of legal conceptions, when we refer to property, which just means property rights but not concrete thing or material substance. Property is a legal notion , which can be together with property rights. Though, property rights can be divided two parts: public property rights and private property rights. There is not any meaning to limit property rights in a purely public sate. In a beginning, property was brought out as property rights. Private property rights take on a extended tendency step by step in extension, which include the property rights intellectual property rights, receipt rights of commercial law, etc. We analyze the private property rights as one of the basic citizenship on the meaning of the constitution, which respond directly citizenship and national rights in the constitutional relation.The private property rights are the basis of the life and freedom. Admitting the private property rights are the first step to delimit a field where we can avoid oppression and safeguard our freedom. Otherwise, the private property rights are legal situation which is together with market economy. Constitution and law differentiate the private property rights strictly, then the guarantee will become more strength and the market will run successfully, so we can increase national wealth and stimulate the development of economy. Just because the private property rights are the safeguard of the human dignity's independence, the foundation of the democracy and legality, and the mainstay of the market economy, so protection of the private property rights are the general rule in many countries . In the world, constitution protect the private property rights which undergoes from " modern times" of free county to "contemporary age" of well-being county. The former establish the private property rights constitutional sate which avoid encroaching , "natural rights" are the theory basis of naturalism. The latter present life and public interest are more important than the private rights, which emphasize private property rights should be used reasonably and embody the essence justice. The protection of the private property rights come to be perfect in the dynamic sate.There are three portions in the view of protecting the private property rights in the constitution, which include invisibility article, restricted article and requisition and compensation article. The invisibility article is a broad and principle provide, which declare the principle of the constitution. The restricted article involves how to judge the public interest and the restricted way. About requisition and compensation has three theories: special sacrifice theory, fair burden theory and consequence duty theory. On the compensation principles, there are different expression such as just compensation , but there is no difference in essence. According to just compensation, there is complete compensation theory and proper compensation theory. The three portions are the models in many counties, which unfold step by step and complement each other.We have gone through a long and tortuous process in the protection of the private property rights. From the 1954 constitution to 1982 constitution the private property rights were influenced by Chinese conditions and ideology, so constitutional articles lay particular stress on the living material, and private property has not required the same legal status as the public property. In a sense, the private property has a very close link with system of ownership and system of distribution. In the Fourth Constitutional Amendment the private property rights have been written in the constitution, which comply with the development of modern times, and which is the result of the understanding of the socialism's nature. Protection of the private property rights have a profound influence on the development of the market economy; the cultivation of the civil society and the construction of the constitutionalism. But discussing from the Fourth Constitutional Amendment's article, we can see, there are many problems. We must differentiate the private property rights' character and statue, examine the administrative collection and administrative requisition, determine the public interest in the view of reasoning, add the articles of compensation principle and compensation procedure, and complete relief and protection system. In a word, the protection of the private property rights in constitution has a long way to go.