Theory Of The Citizen's Private Property Rights Protection

The process of human civilization with the right of private property and the development, private property right is one of the basic rights of citizens live, the constitution of our country with the development of the times in2004identified private property rights in constitutional status, while theoretical study to put forward new requirement. The article from the angle of etymology, historical point of view, the subject comparison, based on property rights in constitution and civil law of comparative analysis, on constitutional private property right to be defined. Constitutional private property right is a basic human right, and has dual attributes:one aspect of the private property rights are a citizen as an independent individual and national public power against the effective method, embodies the relationship between citizens and the state; on the other hand, the private property rights but also with the security of the system property, under the constitution established the order of property right protection. The private property rights civil law adjustment object initially as the constitution of the necessity of constitutional democracy, around the core, the needs of the market economy and personal values embodied in three aspects of the private property rights in the constitution of the important position, and how to use the constitution effective protection of private property right of citizens, from the angle of comparison, the United States Supreme Court justices, after more than200years ago produced several provisions of the constitution, with skilled constitutional interpretation skills and unique system of judicial review to protect the citizen’s private property rights. At present academia about how to protect private property rights discussed mostly concentrated in an amendment to the constitution of the judgment, but the citizen’s private property rights are infringed social reality but not from the constitution to find effective relief way. Through the historical analysis method to amend the constitution to comb, reflected our country of constitutional protection of private property right development course. At the same time, through to the infringement of citizens’ property rights social reality--the analysis of arrears of wages of migrant workers, through the phenomenon of private property rights are infringed phenomenon behind the protection of the constitution is insufficient, it also confirms the importance of the private property rights. Finally, discussion focus in China under the framework of constitutional government, how to improve the citizen ’s private property right system of constitutional safeguard:On Constitutional Protection of citizens of lawful private property for the purpose of, first of all should improve the private property rights in constitutional status; The second expansion of private property rights in constitutional protection range; The last improvement of private property rights in the damaged relief way.