On Private Property, Protection Of The Law

In the idea of the modern society, citizen's ownership of property the basic right of human rights. Ownership of property may mean the harm upon the private ownership, or the harm upon the public ownership. And the worst harm upon the private ownership is brought about by the behaviors of misuse of public ownership. Therefore, protecting the private ownership should pay attention to the importance of private law, and more attention to the importance of public law. Although Private law plays a great role in helping the free and equal exchanging among the main parts, preventing the harm upon the private property among the main parts, it loses its power when the government abuse its power to harm citizen's private property. As a result private law cannot confront the national power. Public protection upon the private property, especially the establishment of the constitution of the ownership of private property, offers the power to fight against the harm that the government may do upon the citizen's ownership of the private property, which means the conducts of the government treat the right of the private property as the standard and define the obligations of the government and the state. Through limiting the public power, public law ensures the autonomy of the private area and protects rights of the private property. Without public law, private law alone cannot prevent the invasion of the public power. Without public law limiting the public power, private laws cannot get full realization however good it is. With the economic development, the present law of the private property in our country shows increasingly its demerits and needs highly the redefine. How to establish the law system on private property that keeps pace with the social development, is the key task to solve now. The research in this thesis has got its practical significance.