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On Constitutional Protection Of Civil Property Rights

Posted on:2014-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:G H LiuFull Text:PDF
GTID:2256330398496755Subject:Law
Abstract/Summary:PDF Full Text Request
The right of life, liberty and property are known as the three basic human rights, and property is the material foundation of human rights and freedom. How to protect the property rights of citizens, legal or constitutional must face the problem. From the perspective of comparative law, the Supreme Court of the United States by virtue of the provisions of the constitution, the use of constitutional interpretation and judicial review system in order to protect the property rights of citizens; Germany with a "basic law" provisions and the constitutional court’s constitutional review mechanism to protect the property rights of citizens; constitutional review mechanism of France even with early "Declaration of human rights" and the Constitutional Council to maintain the property rights of citizens. Through comparison analysis of the United States of America, German and French citizen property rights constitutional protection, at the same time, through the empirical of the constitutional protection of citizens of our country property right analysis, found behind the infringement of citizens’ property was lack of constitutional review system. Especially in the case of city house demolition, let us realize the importance of individual property rights protection, and the urgency of establishing constitutional review system in china. Finally, the constitutional protection of reflection on China’s property rights of citizens, and the construction of China’s constitutional review system and put forward feasible suggestions. The main content of this paper includes the following four parts:the first part, mainly on the property and the property rights problem; the second part, introduces the constitution protection the United States of America, Germany and France property rights of citizens, and compared; the third part briefly introduces the constitutional protection of civil property rights in our country, then tells the protection the citizen property rights problems and causes from the instance of our housing units; China’s constitutional review system and construction of the fourth part focuses on the reflection of constitutional protection of civil property rights.
Keywords/Search Tags:Property, Basic human rights, Judicial review, Constitutionalreview, The public interest
PDF Full Text Request
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