On The Constitution Protection For Citizen Private Property

Property right is one of the most important fundamental civil rights of citizens. Along with the establishment of china’s market economy and urbanization pushing continuously. Around the country the endless demolition is continuing. This reflects the conflict of government and the private of citizen. The main reason is that the government is inadequate for protection of citizens’private property. Government action is not subject to effective supervision. Forced evictions phenomenon often occurs. It relates to the people’s vital interests and country’s long-term stability.Our Constitution has the following characteristics on the protection of the private property of citizens:protection of the main diversity, protecting targeted forms of protection, remedies generally. At the same time, unequal status of public and private property, protection of private property rights is inadequate, the constitution status of private property is not clear. Therefore, in order to fundamentally protect citizen’private property right we need give it the same constitutional status of public property, Coordinate the relationship between public property and private property right.China’s Constitution stipulates:" Citizen’ lawful private property is inviolable. Countries in accordance whit the law protect private property and inheritance right of citizen." Therefore, the private property right of citizen is constitutional right. Although the common law should protect property right of citizen, compared with the Constitution, the way what protect and the corresponding obligations is different. So I am starting from the constitutional protection of citizen’ property right in this paper. By analyzing the deficiencies of the existing constitutional guarantees for citizen’private property, I put forward perfecting constitution guarantee for private property right.The first chapter introduces the basic meaning of the property right and the theoretical basis of property. It involves in the meaning of property and property right, interpretation of property right in the constitutional sense and the theoretical basis of private right protection. And then derive the basic nature of private property right in the constitution. The second chapter introduces modes of constitution protect for private property in Europe and in United States. China learns from Europe and United States’mode to protect private property right. In the time China establish the constitutional protect mode within Chinese characteristics. The article also reveals the defects of protecting citizens’private property in the constitution. It includes private property protection provision set, the unequal status between public property and private property, expropriation and requisition compensation provisions inadequate, public interest not clear.The third chapter introduces the house demolition compensation system in china. Including the concepts and principles of the house’demolition, the construction of urban housing demolition program, government’s role in the urban housing demolition position, how to constrain government abusing power effectively.The fourth chapter introduces a number or recommendations to improve the security system of private property right. It includes re-positioning of the private property of citizen, defining the public clearly, improving the expropriation and requisition compensation provision, establishing the principle of due process, establishing and improving the Constitution Review System.