Research On The Protection System Of Private Property Rights In My Country's Constitution

Property rights are private property rights in the Western constitutional context.With the separation of the state and civil society,the market economy has bred a sense of property rights and has become a core value of civil society.It has a strong national defense attribute.After excluding state infringement and civil revolution,the human rights concept with private property rights as the core constituted the cornerstone of the legitimate existence of western constitutional government.In the Constitution of our country,the concept of private property is opposite to public property,with the reform of the economic system as the limit.Prior to the reform,private property was the object of criticism and transformation.After the reform,the legitimacy of private property was gradually recognized by the Constitution until 2004.As a basic right of citizens,private property rights are recognized by the Constitution,and a relatively complete protection system for private property rights has been formed.This article intends to analyze constitutional private property rights protection system from the four aspects of constitutional norms.First,from the basic concept of the constitution's private property rights,private property rights start with qualification elements and are granted to citizens by the constitution(after the human rights were enacted in 2004,including foreigners and stateless persons),obtaining property rights according to law is not subject to Infringement,the eligibility to obtain compensation for a state's legitimate infringement;as a basic right,it also forms the basis of the right to survival and development in human rights,embodying legality,inviolability,non-transferability,and emphasis on the defense of public power;Its scope includes the means of production and the means of living.Compared with the past with ownership as the core,it also broadened the rights formed in private law,including property rights,creditors' rights,intellectual property rights,and inheritance rights.Although the concept of property rights is shared by the civil law and the constitution,in contrast,the constitutional property rights constitute the fundamental legal basis of the civil law property rights.The civil law property rights are the concrete manifestation of the constitutional property rights concept in private law.There are differences in value orientation of property allocation,obligor,factors of right and the remedies.Regarding the implementation method,the constitution takes the lead,including three links of legislation,law enforcement,which have the same value orientation and system coordination.Second,judging from the historical development of the constitution's private property rights protection system,it has gone through three historical periods.They are the period of national economic recovery: before the 1954 Constitution,public property and private property were jointly protected,and the concept of private property rights was not formed;during the period of national economic transformation: before the 1982 Constitution,The concept of private property rights protection began to sprout,but it retrogressed in the 1975 Constitution and 1978 Constitution;during the period of the national economic reform: since the 1982 constitution,private property rights have once again been recognized and protected by the Constitution.After four constitutional amendments,the subject and object of rights have been broadened,The content established the constitutional status of basic rights and formed a more complete constitutional idea on the protection of private property rights.Third,from the logical deduction of the private property rights in the Chinese and Western constitutions,and from the perspective of system formation,the economic foundations of the Chinese and Western countries are different,which determines that there is a fundamental difference in the standpoint of the protection system of private property rights.The West is based on a single private ownership and is based on individuals.China takes public ownership as the main body and bases itself on society.The change in the western attitude towards the protection of private property from "sacred and inviolable" to "inviolable" is related to the government's expansion of administrative power and gains control of the economic field.It has abandoned the concept of property rights that respect the individual,and its overall consciousness is somewhat different.Promote and advocate for a welfare society.In China's constitution,the constitutional status of non-recognition of private property to the establishment of its basic rights is determined by the transformation from a single public ownership economy to a multi-ownership economy.The collective property rights theory has been abandoned but advocated individual rights,limited government,rule of law.As a result,it is different from the private property rights protection system in Western constitutional government,but it also absorbs the reasonable core of the value of people in the market economy.The private property right protection system has been perfected in our constitution.The private property rights protection system under the social standard is not based on the western abstract transcendental hypothesis.It is essentially a legal phenomenon that is compatible with the socialist market economy.It is related to the development of China's human rights cause.It focuses on personal development and common development.Attach importance to the interests of vulnerable groups,give priority to public welfare in the public domain,and equal public and private in the field of private law.Fourth,from the perspective of the structure and improvement of the terms of private property rights,the inviolability of legal private property,private property accompanying social obligations,and expropriation compensation constitute the three principles of private property rights protection,and the concept of property rights protection that is in line with the world has been formed.It is also instructive in practice.However,there are still problems including: One is that taxation is an infringement of citizens' property by the state,and of course it is subject to the constitutional provisions on private property rights.Although the constitutional private property rights clause constitutes a logical starting point for restricting national taxation,there are limitations that cannot be derived from the statutory principles of taxation,and it cannot effectively prevent public power from infringing private property rights;Although the "Regulations on Expropriation and Compensation of Houses on State-owned Land and Compensation Therefor" and " Land Administration Law of the PRC" clarify the principle of fair and reasonable compensation for expropriation of houses and land,the lack of constitutional norms makes the application of this principle greatly restricted,Conducive to the protection of private property rights.Therefore,at the level of constitutional norms,the principle of legal taxation and the principle of compensation for expropriation should be clarified.This helps to enrich the substantive connotation of the constitution and better protect private property rights.