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On the contemporary Chinese private ownership of property
Author: JiaShengRong
Tutor: ZouYuan;LiuPeng
School: Guizhou University
Course: Legal
Keywords: Private ownership of property The conception The policy of reform and opening up Constitution Property Law
CLC: D923.2
Type: Master's thesis
Year: 2007
Downloads: 104
Quote: 0
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Abstract
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To understand the depth and to grasp private property ownership, not only from the logical concept up analysis Definition of depth but also to produce in the long history of the development of political, economic and legal systems, insight into the history and reality of change intrinsic value and characteristics in order to achieve a profound. Ownership of private property can be said that the socio-economic development is extremely important artificial Wizard. Although the ownership of private property is consistent with the Constitution and the Civil Code, but its meaning is different. 1, the civil law on private property ownership, the right to private its immovable and movable legal right to possess, use, profit from and dispose. 2, private ownership of property in the constitutional sense, is the core of \Refers not only to the civil law, covering all private and public law of the recognition and protection of private property ownership. Due to historical and social reasons, in the history of Chinese people's property rights is difficult to get a long-lasting and effective institutional safeguards. The main reason is the feudal society in the long-term, politically authoritarian, closed economy, private rights concept is missing, the lack of private law generated soil. China's modernization, the emergence of the phenomenon of a large number of violations of private property, mainly lies in the urban housing demolition and expropriation of rural land. Private ownership of property in the encounter in the social reality of contemporary China, private property rights are very fragile and can not get the adequate and effective protection. Private property ownership system formation and development path: the establishment and protection of private ownership of property in China after the reform and opening, experience-based guide from the party's reform and opening up policy, the protection of private property ownership gradually institutionalized road. The party's reform and opening up policy has had a significant impact on the private ownership of property and related systems. Content on the protection of the legitimate property rights of citizens in the 2004 constitutional amendment, recognized the achievements since the reform and opening up in the economic field. Property Law of 2007 established the status of the property rights of private property ownership, enrich and improve the ownership restrictions on the ownership of private property and the relief system, the usufructuary and guarantee property rights system, perfect. Property rights in Western society are universal values, such values ??and understanding of the system for the ongoing construction of the socialist rule of law in China has important reference value to the understanding of the concept of property rights and private property ownership, so we get to recognition of the concept of private property ownership and value. Market economy, private ownership of personal property, it is the basis of economic prosperity, and common prosperity. Resist the expansion of government power solid gold barrier on the objective of the existence of private property ownership. Property rights system, in particular the system of private ownership of property, opened up the field of private citizens autonomy survey of the scope of government authority.
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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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