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On Constitutional Protection of Private Property Rights

Author: ChenJing
Tutor: HeJianHua
School: Shanxi University
Course: Constitutional and Administrative Law
Keywords: Human rights Private Property Rights Constitution guarantees
CLC: D921
Type: Master's thesis
Year: 2008
Downloads: 306
Quote: 0
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Abstract


2004 through the \. However, the private property of our citizens the constitutional protection system is still not perfect and sound. This paper is the use of comparative and historical analysis methods, learn from foreign countries citizens constitutionally guaranteed private property advanced experience, analysis of constitutional guarantees of private property rights of our citizens and Evolution, and explore the constitutional guarantee of private property rights of our citizens the status quo and existing problems, in resolving the existing problems on the basis of private property rights of our citizens guaranteed by the Constitution improve some suggestions. This article from the introduction, body and conclusion of three parts. Brief introductory section describes the background and research papers writing constitution guarantees citizens the significance of private property lies. Text is divided into five parts. The first part of the contents of the constitutional guarantee of private property rights for its citizens the basic theory. First of property, made the concept of property rights discrimination, on the basis of civil law are put forward the concept of private property rights on citizens and constitutional concept of private property rights on the citizens, and compares them; Secondly, in comparison to the above two concepts on the basis of constitutional citizens to define the nature of private property, and proposed the idea of ??having three attributes; Finally, in the proposed constitutional safeguards concepts based on the proposed constitution guarantees citizens the concept of private property. The second part of the text content for citizens constitutionally guaranteed private property rights theory, mainly from the basic constitutional law and administrative law based on these two aspects to elaborate. The third part of the body in Germany, the USA, Japan, private property rights constitutionally guaranteed civil Experience is divided into two small parts: The first part of the small number of countries for foreign citizens of constitutional guarantees of private property rights system assessment, mainly introduced in Germany, U.S. and Japanese citizens of these three countries private property constitutional safeguards; second small part of the above three constitutional guarantees of private property rights of citizens are briefly evaluated and presented to improve the private property of our citizens constitutional safeguards useful experience. The fourth part of the body is a constitutional guarantee of private property rights of our citizens the history and current status of the system for analysis. First, the constitution of 2004 in front of the calendar Constitution provides citizens of private property were summarized and their limitations are analyzed; Then, after the 2004 constitutional private property rights of our citizens to analyze the constitutional protection system , and pointed out the existing major problems. The fifth part of the fourth part of the body presented the main problems of the current proposed a comprehensive constitutional guarantees of private property rights of our citizens regime. Mainly divided into constitutional norms perfect, perfect legislation unconstitutional censorship and the improvement of three aspects. Conclusion summarizes some of the major course of the study some of the results. Through the constitutional guarantee of private property rights of our citizens historical analysis of the evolution of Germany and the United States and Japan as well as citizens of the Constitution safeguards private property comparative study, we draw the following conclusions: constitutional guarantees of private property rights of our citizens Perfection is a more complex project, For its part, mainly through the constitutional norms, legislation and unconstitutional censorship three aspects to be perfect, it also had to depend on other aspects of the system such as the completeness of the system of constitutional interpretation and sound.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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