On The Protection Of Constitutionalism Of Private Property Rights Of Chinese Citizens

Social and economic development in China is experiencing a transition from a socialist planned economy to socialist market economy. And Constitution Amendment in1993officially confirmed that China would practice socialist market economy. With the development of socialist market economy, the private property of our citizens increased dramatically and developed toward the direction of diversification. The Constitution Amendments of China in2004states that citizens’ lawful private property is inviolable. In such situation, our top priority is to face how to properly see the private property rights of citizens.For the time being, researches on citizens’ private property rights protection are carried out. However, comprehensively speaking, these relevant researches are quite one-sided, insufficiently systematic, needing to be deepened. In view of this, based on the analyses of the current situation of weak private property protection rights of citizens and its reasons, this thesis carries out some useful exploration on how to better protect Chinese citizens’ private property rights. This thesis consists of four parts, including introduction and body. Introduction mainly introduces some current research situation at home and broad, comparing and analyzing that national power standard is the consensus of many scholars because of China’s historical tradition of contempt for the private property of citizens. However, Western legal thought has been paying special attention to the awareness of private property rights, with particular emphasis on the close ties of the private property rights of citizens and human rights, and protection of citizens’ private property is the purpose of existence of the State. These thoughts are of great importance to the present society. In the first chapter mainly analyzes the historical evolution of private property protection, attribute of citizens’private property rights, the significance of protecting citizens’private property rights, and private property in the sense of the Constitution and Administrative Law. Analysis of the characteristics of each stage of citizens’ private property rights protection in China and in the hope of making systematic development of citizens’ private property rights protection clear. In the meantime, this thesis demonstrates that protect private property rights is the bases of perfecting the protection of human rights and it is also the inherent requirements of socialist market economy. Only when citizens’ private property rights are adequately protected and all people possess freedom, equality, can prosperity of the market economy be achieved. The second chapter analyzes the problems and current situation of citizens’ private property rights protection with the development of China’s socialist market economic. Ideas, theories and policies on citizens’ private property rights protection have made great progress since China’s reform and opening up. However, the most important problem is the weak awareness to protect private property rights. Moreover, although the Constitution provides for the protection of private property rights, in comparison to the national property rights in the Constitution, more can be seen that our country still puts the protection of state property rights in the first place and the private property rights of citizens give way to national property. In addition, the provisions of the Constitution per se are not operable. The protection of private property rights should be implemented into branch laws. However, carding branch laws to the protection of private property rights is a huge project, and the implementation of its specific provisions is the result of multiple factors. The third chapter puts forward suggestions to strengthen protection of citizens’private property rights in China. According to the analyses of chapter two, private property rights are too vulnerable to be invaded by national power. Consequently, only through implementing equal protection to the national property rights and private property rights of citizens can the private property rights of citizens be reasonably protected. And concretely improve departmental laws of provisions on private property protection rights, especially administrative law, for the major contents of the adjustment of Administrative Law is the national interests and the interests of the citizens. Meanwhile, it is necessary to strengthen the quality of the administrative law enforcement personnel because it is they who are implementing the rule of law. To put it in a nutshell, protecting citizens’ private property rights is related to citizens’ dignity and freedom, and it is also beneficial to the development of the socialist market economy, important contents of Legal Society.