On Private Ownership Of Property In Contemporary China

In order to acquire a thorough understanding of private property right, we need to analyze and define it logically, trace back to the historical background of politics, economy and legal system in which private property right originated and developed, and thereby penetrate its immanent value and characteristics in the developing process of history as well as reality. The private property right can be regarded as a very important man-made "demon" in the development of social economy.The meanings of private property right can be classified to that in civil law and in constitution. Firstly, according to the civil law, the scope of private property right includes right in rem, creditor's right, intellectual property, etc, but only the private ownership will be involved in the thesis. Secondly, the private property right in the constitution means a citizen can enjoy the freedom to possess, use, dispose his/ her property or profit from it, which has granted citizens with the private property right in principle.The system of private property right has long remained deficient in China, and it's hard to guarantee people's private property right in satisfactory, effective and long-lasting ways. Therefore, the main reasons relating to the specific situation of China's politics, economic ideas and culture are worthy of further study. In the process of China's modernization, there are lots of encroachments on people's private property right, mainly embodied by house or land removal in urban and rural areas. The unlucky situation of private property right in China's society has revealed that this system is rather weak and can't get effective protection, which has remained the main reason why the problem of private property protection has been raised.The course of constructing China's legal system of private property right and the achievements have proved that, since China's reform and openness, the protection of private property right in China has been guided by the Party's policy of reform and openness and advanced towards institutional construction. The Party's policy of reform and openness has exercised a great influence on the private property right and relevant institutions. The regulations on private property right protection in 2004 Constitutional Amendments confirmed the results of reform and openness in economic domain, while the 2004 Property Law expanded the protective scope of private property, enriched the related systems such as ownership, usufructuary right, and real rights for security, and regulated restrictions on private property and relief systems as well.The property right in the western society has the value of universality, so it's worthwhile referring to it when constructing China's socialist legal system. The understanding of property right and private property right makes us identify with the concept of the private property right and its value. Private ownership of property is not only the precondition of market economy, but also the foundation of economic growth and common prosperity. Objectively, the existence of private property right, like a barrier, plays a role of preventing the government's power from expanding. The property right has opened up the territory of citizens' private governance and restricted the public power of government.