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The Pretence of the Private Property in the Conflict of the Public Power and the Private Right

Author: GengZuo
Tutor: ShiJianHui
School: Southeast University
Course: Constitutional and Administrative Law
Keywords: Private property rights Public power Private Rights Conflict Protection of Individual Rights
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 373
Quote: 2
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Abstract


Property rights as basic human rights , and the legitimacy of its existence in human society has a profound concept basis . Private property rights is the protection of human rights , the cornerstone of the implementation of the constitutional , but it is also an indispensable tool for promoting economic prosperity , therefore , confirm the right of private property is of great significance . Our country is in economic transition towards a market order and constitutional transition period towards democracy , public power and private rights intense conflict , the development of private property has a good foundation in reality , but also facing the public authority intervention infringement , especially forced evictions , urgent practical significance to improve the protection of private property rights . Examine the changes of the constitutional status of private property rights from a historical perspective , the new amendment to the Constitution and the Administrative Licensing Law of the development of the protection of private property rights , but existing private property legal system is still flawed , inadequate to provide effective protection for citizens property rights , private property rights in China 's legal system still need to be further improved. Order to adapt to the needs of social development , and to improve the protection of private property rights , to make a few suggestions : First, explore our mode of protection of private property . Private property rights protection in the West has experienced the evolution of the modern security mode from Modern protection mode , based on our special national conditions , China should establish the protection of private property rights -based , taking into account the protection of the public interest mode . Secondly, the reasonable position of public power and private right . Protection of private rights , to restrict public power is an inevitable requirement of the society based on the rule of law . Finally, strengthening the public law protection of private property rights , and to build a strong private property laws protect the system .

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