Equal. On The Constitutional System Of Ownership And Expropriation And Requisition

National People's Congress Law Committee by the "draft Property Rights Law (draft)",Construction on the property rights system, and specifically the draft constitution,struggle for the constitutional and legal scholars are concerned with the broad masses of the people, especially the state, collective,equality and individual ownership of the expropriation and related issues became the focus of controversy. Despite the "Property Rights Law (Draft)," considered by many, has become an equal ownership of the majority views, but in theory is still controversial.From the perspective into the relationship between civil law and the Cons_ titution, to adopt a comparative analysis of historical and empirical analysis of the inspection,Examination of the relationship between the legislative and constitutional right to discuss the constitutional structure and the ownership of property rights legislation, equality and the expropriation system. The article is divided into three parts, with the second and third part is the focus of this paper. The first part analysis relations of the modern civil and constitutional,the legal system, the Constitution is the foundation of civil law, Civil law needs the guidance of the constitution and norms, in order to avoid from the constitution, civil law to the constitution should be the basis for legislation. Meanwhile, civil law as well as the development and implementation of the Constitution, is an extension and embodies the spirit and values of the Constitution. The second part, dealing with the core values of the constitutional system of property rights legislation. Property ownership, the core values of equality of civil entities, in particular natural basic property rights and equal protection ,is the natural and legal persons within the limits of the law and the freedom to maximize the enjoyment of material wealth. In the main title of the equal protection of the civil and property rights to the unique function relation to ensure that the civil subject of a legal framework to maximize freedom. The section has been divided into two major problems. The second problem outlined in the "Trichotomy ownership " from the theoretical analysis of the origin and tried methods of classification. However, a problem can not be avoided. Legislation must face the reality of our country, in order to solve practical problems lecture from our basic economic system of socialism and the actual needs of the public . State ownership and collective ownership provisions, but the state should change the past. Give priority to the protection of collective property of the idea and practice of various forms of ownership equal emphasis, equal ownership of the property is a manifestation of equal value. The third article of the Constitution deals with the expropriation of the property rights system and the relationship between the expropriation system. After the revision in 2004, the constitutional distinction charged requisition system, the real law is an important component part of civil law. It should be a principle of constitutional provisions on the protection of property rights of citizens, and the system should be improved. Legislation should take full account of China's current practice of expropriation, the right to equality as a basic idea, proceed from the...