"Based On The Constitution Of Property Rights Norms " In The Compilation Of Civil Code

Property rights, as the basic civil right, the perfection of the system have the solution to solve the legal internal conflicts, to facilitate and abide the application of the law, realize the civil code of system and logic, and implement the spirit of constitution that guarantee property rights. Therefore, in the current construction of civil code, the reasonable construction of the civil law system of property rights is particularly important.In the process of compiling civil code, the most important relationship is the relationship of civil law and the constitution. According to China's legislative system, the constitution, as a national law, is in the highest position of the legal system, it is the basis of civil legislation, the civil law is able to refine and implement the constitution, this is the relationship between civil law and the constitution. Specific to the property rights norms of the civil code and the constitution, the civil law property rights norms should be based on the constitutional property rights norms, which make its' norms and spirit conform the constitution. From this perspective, how to accurately grasp the constitutional basis' s content of the civil code, namely property rights norms of the constitution,for the reasonable construction of property rights' system of the civil code and ensure consistent with the provisions of the constitution, has important significance.The provisions of civil code, according to the constitution and scholars' point, mainly has historical changes of constitutional property right's norms, basis of the basic principles and norms, the authority and value of the constitution, and so on. From the historical point of view, awareness of the developmental history of the constitutional property norms, we can accurately grasp the changes of the connotation of the constitutional norms of property right; From the point of view of the basic constitutional principles, the principle of people's sovereignty, principles of basic human rights, the principle of the rule of law, the unitary principle, principle of power restriction and supervision can provide guiding principles, as no specific constitutional norm basis or applicable constitutional norms are conflict, in order to consistent with the provisions of the constitution; From the point of view, article 13 and 45 of the constitution provide property rights' system of the civil code a clear specification basis. In addition, the authority and value of the constitution provide security value for property rights' system of the civil code.Based on the actual situation of our country and the actual situation of the civil legislation, how should construct the property system in the compilation of civil code? For this problem, scholars carry on heated discussion, put forward many useful ideas, come into forming many insights, which provide the beneficial intelligent reference for construction of the property rights' system of the civil code.Of course, according to the relevant law and regulations,national legislation should follow the value of the constitution and the basic principle.From this perspective, in the compilation of the system of property of the civil code, the civil code,in addition consider the views of scholars reference,shall strictly follow the constitution provisions,which execute the constitutionality consciousness n the compilation of civil code,take the constitution as the measure of the civil law property rights norms, guarantee the validity of the connotation of the civil law property rights norms conform the pursuit of the constitutional value, realize the unity of the state law and order.