On The Constitutional Restriction Of Private Property Right

The right to life,liberty,and property rights are called three basic human rights,and property rights constitute the basis for the existence of the right to life and liberty.The more secure the property right,the more secure the right to subsistence,freedom is more real and reliable.The perfection of the provisions of private property rights in our country not only makes the human rights system more perfect,but also provides the legal pillar for the development of market economy.In our country,scholars have focused on the study of private property rights in the field of economics and the field of civil law.The significance of private property rights in the constitution has not been paid enough attention,and the constitutional role is difficult to play.Therefore,the understanding of the private property rights in the constitutional sense needs to be deepened,and it is imperative to strengthen the constitutional guarantee function of property rights.In the constitution,private property is an important right of the constitution to confront citizens with the power of state,and its human rights and negativity mean that the exercise of state power ends here.The constitutional restriction of private property rights is intended to define the scope of "restrictions" through the analysis of the "restrictive" clause,which is intended to ultimately achieve constitutional protection of private property rights.In the theory of private property rights,"public welfare" and "The social obligations of Property Rights" constitute constitutional constitutional property rights of the constitutionality of the reasons,by other countries generally accepted,but also reflected in their constitutional practice.Our Constitution has imposed many restrictions on private property rights.Article 13,Article 9,Article 51 and Article 56 of the present Constitution of the People's Republic of China constitute a strict network of restrictive private property rights in the constitution,so that the protection of private property rights in our country is not justified and the protection and exercise of its rights On the face of practice with many difficulties.Therefore,we must consider the restrictions on such restrictions,constitutional reservations,legal reservations,the principle of proportionality and other basic principles,in the restrictions on private property rights restrictions will become an inevitable choice.In the spirit of "limited restriction",the "constitutionality" of state invading private property rights must also be confronted with constitutional questions,accepting the principle of proportionality and theprinciple of unconstitutional review.The first part of this article is the introductory part.This part mainly introduces the research significance,research ideas and methods,domestic and foreign literature review,the paper innovation and so on.The second part of this paper mainly analyzes the connotation of private property rights.The concept of property rights in the use of the process,because the right to point to the economic value and the characteristics of non-personal sexual rights,making the sense of economic and civil law sense of property rights and constitutional sense of private property rights are confused,therefore,To distinguish between the use of the concept of private property rights in different areas to interpret the unique nature of private property in the constitution.The third part of this paper mainly deals with the theoretical basis of the constitutional restriction of private property rights.The theory of restriction of private property rights is inseparable from the general theory of the restriction of basic rights and can not be separated from the particularity of property rights as a fundamental right.The inherent limitation and the external restriction theory from the perspective of the difference in the value of the basic rights of the differences in the determination of the scope of public interest collection and property rights theory of social obligations show the state restrictions on the constitutionality of private property rights,for the determination of the scope of property rights play an important role TheThe fourth part of this paper mainly combs the restriction of property right in the text of our country,and makes a normative analysis,and explores the constitutional restriction of private property right in China's constitution from the perspective of state restrictions on private property rights.The fifth part of this article is mainly from the perspective of private property rights and the boundaries of state power to explore the state power to touch the boundaries of private property rights,and to explore the formation of boundaries for the state power constitutes a limit,that is,"restrictions" The study of property rights restrictions,the exploitation of property rights to restrict the power of state power,the formation of the basic rights in the limit at the same time to complete the control of public power.The last part of this paper mainly tells us the problems existing in the constitutional restriction of property right and the way to solve it.Mainly divided into formal and perfectperfection.