Analysis On The Social Obligations Of Property Rights

Based on the public interest to limit property rights is the general practice of modernnational laws. The restriction of property rights divided into two parts: exproriation withcompensation and without compensation of pure restriction which called social obligations ofproperty rights. When the Theorists of our country research the restriction of property rights,they almost equal it to the expropriation of property. Paying little attention to the purerestriction of the property right which exist a lot in the practice. However, the restriction ofproperty rights without compensation is an objective fact, and the process of modernizationbring human survival increasingly dependent on each other. If we continue ignoring the socialobligations of property rights, don’t confirm it in the Constitution system. Legal disputes andsocial conflicts which caused by property may lead to risk of social disintegration, whichcould damage property itself at last. The purpose of writing this article is that the theoristswould pay more attention to the social obligations of property rights after the introduction ofit by this article.The first part introduces the connotation of social obligations of property rights and thereflecting of social obligations of property rights in the law of our country. Idea of privateproperty rights should bear the social obligations was first recognized in1919in Germany "Weimar Constitution ", and then it was widely accepted around the world. There are also alarge number of restrictions of property rights without compensation in our law. The purposeof the introduction of social obligations of property rights is that the large number ofstipulations about social obligations of property rights in the lows should be taken seriously.The second part mainly investigates the changes of concepts and systems about socialobligations of property rights in the western countries and the social foundation about thechanges. The reason behind the property right concepts changed from centered onindividualism to centered on the social interest was that social foundation had changed. Thepersonal survival and development changed from basing on the absolute ownership to relatedto social relation. Thus seeking to the conclusion: social obligations of property right of hasthe historical inevitability.The third part is about the Legitimacy and constitutional basis of the social obligations ofproperty rights. Setting any systems needs to provide proof of legality, the legitimacy and constitutional basis of the social obligations of property rights are that: first, the limited natureof matter; Second, the ideological basis laid by property socialization of thought. Meanwhile,the social obligations of property rights has its constitutional basis."Social state principle" inthe German Basic Law and our Constitution Article1, paragraph2and Article22of theConstitution Amendment provide a constitutional framework to discuss the socialobligations of property rights.The fourth part discusses the constitutionality review about social obligations of propertyrights. Since the Government has the power to levy property, also has the power to set socialobligations of property rights on property. People need to be compensated for the former, thelatter without compensation. For the Government’s consideration of the budget savings, theymore often through setting social obligations of property rights to achieve administrativepurposes, then property rights will be violated. Therefore, the difference between the socialobligations of property rights and expropriation must be distinguished, and clear under whatcircumstances the government must compensate property rights restrictions. Secondly, whenwe set the social obligations of property rights, we must comply with the principle ofproportionality.The fifth is the conclusion part. In the rapid modernization of China, the social interestdemands more diverse, social contradictions between different groups are becomingincreasingly serious, the social obligations of property rights researching has an importantpractical significance.