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By Constitutional Protection of Private Property Rights

Author: TangJuanJuan
Tutor: ZhouYeZhong
School: Wuhan University
Course: Constitutional and Administrative Law
Keywords: private property rights constitutional protection inviolable clause restricted clause compensation clause
CLC: D911
Type: Master's thesis
Year: 2005
Downloads: 466
Quote: 2
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Abstract


The private property rights is a fundamental right of the citizen’s. In the modern times, the private property rights were considered to be the foundation of individual freedom and the protective barrier of public power, thus, it is sacred and inviolable, and is the core of the citizen’s rights. The modern people’s understanding of private property rights is more rationality, it no longer has the sacred corona, but still is regarded as the symbolic strength of social stability, freedom and security. This article tries hard to announce through historical inspection that ensure the importance of the private property rights. The private property rights is not merely an important right in civil law, but also a fundamental right of the constitution, the constitutions of various countries have carried on the detailed regulation to the proprietary at present, and have offered perfect protection. The second chapter of this article has carried on more detailed expatiating regarding this. We may profit from relevant experience that the western developed country governed by law protect the proprietary, update the safeguarded clause of the constitution unceasingly, advance the perfection that the private proprietary is protected in practice. The current constitution of our country had been gone through several modification, especially in the fourth bill for amendment, the protection of the proprietary makes greater progress, but still had the flaw, and could not meet the need of the social development. The third part of article is on the basis of analysing historical evolution, current situation that our country protects the private property, put forward the concrete methods that structure the perfect legal system of private property concrete method, expect the citizen’s constitution right can be realized.

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