On The Personal Freedom And Social Justice In The Operation Of Private Property Rights

"No property, there can be no justice", in the human understanding theory "in such words. Property is natural, people need to property desire with the development of human society and growth, "everyone fastens where there is a benefit; for all the crowd into", this desire to fixed by the social system needed for property. - Law is the highest form of social system, it is the special social productive forces and production relations, will reflect the social evolution and as before, law on protection of property rights will also with economic development and progress. At present, most countries in the world in the development of market economy in China, also established the market economic system, and has made a great progress, this is the basic economic system of private property law free operation.But the problem is widespread, any social rights and freedoms are relative, in modern society, the property right of the free market economy promotes the height of prosperity, freedom and rights of market economy, also caused the unrest, especially before the outbreak of financial crisis, cannot deny the financial behavior of excessive freedom of economic activities, the banns moderate limit is imperative, And, in the current market liquidity, credit expansion, inflation is fiercer, exposed the market function of weakness or failure, urgent national effective control.Therefore, harmony and conflict of rights system jointly maintain the legal order "balance of Yin and Yang," right system should not only to promote equity rights and freedoms and rights, but also give proper limit; conflict, Should notice more state management of economic freedom and state intervention. Harmonious society cannot avoid conflicts, and shall make conflict (especially the financial crisis), the institutionalization of dissolving mechanism of market economy under the harmonious society of individual freedom and social justice.Scholars in general private property research achievements, we can find that freedom and restrictions on private property right problem of research climax in the 1980s. Scholars from philosophy, economics, law etc are discussed, along with the social transition and the research Angle of view, the formation of different views also. However, the research on private property right at home and abroad are mainly concentrated in the private property, whether admit the public interests, and specific examples, the regulation of research in the field of private citizens still stays in life, and failed to contact state property of economic operation, The research also between different disciplines, cannot use for reference each other, split asunder must-know. Chinese scholars and practice on private property right of freedom and restriction exists many limitations to explore more, on the other hand, the basic law in market economy, the property system and economic separate operation; On the other hand, or conservative or pushy property concept of legal system is perfect and realistic contradiction solution. Therefore, the face of the market economy is the basic law, private property protection and limitations faced, pay attention to the relationship of individual freedom and social justice and harmony, it is of great theoretical and practical significance.This paper used theoretical analysis and empirical analysis and comparison analysis and induction and deduction method of speculative philosophy. Theory analysis, from the law and private property of the basic theory of private property freedom and restrictions introduced the theory basis, By using empirical analysis, the public interests and rights conflict puts the private property limited reason, According to the comparison analytic method, property and different patterns of legislation, According to deduce from the inductive method, the principle of the basic law, and drawn from the specific performance of the regulation summarized examples of social management concept of transformation, Finally, from the speculative philosophy of following aspects of economic philosophy of freedom and rights protection and state intervention, the right to limit dialectical unification relations.I proposed by this writing, through the law by the standard of rights to the concept of social standard, grasp the coordination with limited freedom of property law and market economy, thinking, this paper discusses the relationship of economic operation of the property development, put forward relevant measures to improve the operation of social order, slightly contradictory, in order to build a harmonious society. I know the study involved really broad, deep, alone, the meager strength obviously inadequate, therefore can only try to do some preliminary exploration methods, in order to leads to good views.