On Our Country's Private Property And Perfect The Legal Thinking

Was formed early already to the citizen private property legal protection by various countries the mutual recognition, the world economics powerful nation already interpolated early to the citizen private property legal protection the constitution and the law, and implements, our country constitution establishment conforms to the social development inevitable trend to the citizen private property's legal protection, was also to construct and consummates our country legal framework to lay the foundation. Must pay attention to the citizen private property's legal protection:Must set up the constitution supreme basic idea reliably; Must understand the private property rights and the private system's different concept profoundly; Must process the civil rights strength and the private right relations correctly: Must be further perfect and the perfect each protection system.The private property rights are the human rights safeguard, its certificate of existence has certain validity, and has the profound social concept foundation, because the East and West cultural context has various and huge difference causes the people to treat the private property rights the idea difference, the reason is China and the West society has in the right concept aspect is very greatly different, the justice and humanity take our country culture logic beginning, but the West is the justice for the logical beginning; In heavy righteousness light money pouch our country culture energetic special characteristic, but the Western culture is famous by the utilitarianism; The Chinese culture take the community as a standard, takes the highest authority by the royal power, the individual is the Western culture standard, resists the solid method validity by the ultimate authority. The above many idea's difference sees like must construct the government by law successfully we in the government by law society, we should the depth excavate in China traditional culture in the construction the humanity spirit, and unifies this kind of humanity spirit and the Western right culture, can cultivate our country property rights healthy development the cultural soil.In now China, several times amends the Constitution is revolving the private property rights reform, to the private property protection pressing compared to before had a more universal mutual recognition, but many people to constitution whether should safeguard the private property and the corresponding private property rights actually has the very big difference, The scholars basically think in the constitution significance the property rights to be citizen's basic rights, but in has the big difference to basic right's concrete understanding, the most scholars have not been able the good area to divide in the constitution in the property rights and the civil law property rights, although or makes the discrimination but not to be able to differentiate accurately, moreover is not clear regarding the property rights limits as well as has not had facing the reality in all sorts of question law is clear to the private property rights protection, particularly guards against the civil rights strength violation private property aspect, Regardless of being the legislative legal regime aspect lives the administrative law enforcement or is the legal safeguard last strong judicial practice aspect, is weak. The people hoped that has independent and safe individual happy life individual space as well as the security, social, politics is stable, the economy continues the healthy development the environment, the desire we can realize to the private property integrated protection, the private property and the public property equal protection. But the reality we are deficiently to the private property public law safeguard, this aspect law's crack already became hinders our country socio-economic development and the government by law construction development stumbling obstacle.What the student worried is the social thunderbolt is ready to be set off at a touch under the rich and poor class contradictions, this article goal is in the private property obtains in the legal protection situation to be advantageous in safeguards the rights of citizens realization, the advancement manages state affairs according to law, Clears off the property right, the social duties as well as the civil rights strength relations correctly, only then clears off this a series of relations only then possibly to arouse broad masses'enthusiasm and the creativity, comprehensive construction affluent society.