On Private Property Protection And The Rule Of Administrative Law

This article is divided four parts, the main content is as follows:The first part, the question proposed and historical discrimination of the private property protection, it is divided two. First section draws out the significance of the private property protection mainly through newly unscrambling "Needham difficult problem", through the primary intention and the explanation of this difficult problem, analyzes the significant influence of the establishment of property right system especially the protection of private property in the western world to the emergence of he west. Through the contrast we can discovers the reason why the Eastern world decline and the western world emerges, and the system reason why the administrative government by law develops with difficulty in the so long developing process in China; Second section elaborates our enlightenment on "the Needham difficult problem", through constitutional government idea of the private property protection in the Roman law suggests the vital significance of the protection of the private property to the development of western rule of administrative law.The second part, from the angle of comparison looks at the influence of the idea of private property protection to the rule of administrative law in the western nation, for the better explanation of the question, This chapter is mainly from the angle of the influence of the protection of the private property in the western main constitutional government country to the construction of the rule of administrative law, does not involve the political system in each main developed country, and widely describe the protection of public law to the property rights. This part includes five. First three introduces separately how England, US, Germany carries on the protection to the private; Meanwhile through the comparison, the analysis, the distinction the chapter fourth elaborates the question which exists in the private property protection in our county; it pointes out similarities and differences of the protection of...