Reflection On The Basic Issues Of Contemporary Property Law Of China

Now China is building a harmonious socialist society. The difficulties it faced are relevant of the property rights, and the protection of property rights and the equality of the structure of property rights is important. In this background, it is necessary to explore the value and right of modern property law. The theoretical presumption of the paper is the scarcity of resources. The analytical framework of the paper is individual right and state power.The first chapter is about the value of property law. The scarcity of resources has double meanings: limited resources and the inequality of the possession of resources. People outside of the dependence of material had to obtain and maintain the demand for material goods, the scarcity of material in the political and legal decisions within the framework of the country, people demand of material in the form required by law of the country to seek political protection. The legal protection of material becomes the property, which resulted in property law or property law. The state (government), the constraints in terms of scarce resources, the order and the pursuit of efficiency has become the fundamental value is always that one through fixed points only fight to maintain basic social order, and second, make the best possible surface features to maximize the promotion of efficiency. Order and efficiency are the basic values of the property law. For individuals, and the protection of property rights is the basic value of the main requirements. The sanctity of private property in modern property law laid the basic values and ideals, the contemporary principles of property rights is absolutely correct despite socialization, but the protection of property rights, property law is still pursuing its core values. This is the reason that we need property law.Disputes caused by the scarcity of resources made the need for property protection, and the unbalanced nature of resource consumption and in this sense, the relative scarcity of resources is the proper allocation of resources raised the issue, reflected in property law, and that we what need of a property law issue. The second chapter is about the legitimacy of property law issues. Because different forms of ownership under property law and the legal effect of the structure directly related to the different countries, different political, economic and social structure, so its specific norms and institutions in addition to direct impact on social life of every person in the state, the also reflect and influence social order, state power and legitimacy of the factors. The legitimacy of property law requires not only concerned about "who" possess nothing, and requires attention to "own" nature, which involves the microscopic view of the property acquisition and macroscopic structure of the legitimacy of property under evaluation, this paper to Nozick and Rawls theory of justice and the qualifications of the social justice theory as the theoretical basis of legitimate property rights structure and the acquisition of property rights discussed together. In the first section to the original acquisition was made with the following subject categories, each of the first accounting for reflection, labor, inheritance, gift, exchange and other property acquired legitimacy in several ways. In the second, based on the survival of human desire and resources to ensure survival of the continuation of essential aspects of the basic facts of nature, people should not only be used as a tool and should be treated as the moral purpose of the Kantian judgments, and social governance of the political wisdom and modern political civilization, this paper argues that everyone should have a minimum of property. This at least means that we should not only enjoy equal property rights - that equal rights system, content and boundaries - the sense of such a form of legal equality, ensuring everyone has access to certain rights or property and the property security; and should enjoy a degree of equality of property rights - the essence of such a limited sense of equality of results. If people are not only equal property rights, there is a limit equal property rights, then this is a more legitimate property rights is also the ideal structure. From a utilitarian point of view, equality of efficiency, stability and gain a positive value, and that inequality will damage efficiency, but also threatened the social stability and unity, lead to revolution or turmoil, affecting the normal operation of social and health development. In modern history, the legitimacy of property law from the absolute freedom to place the changes into the equality.Chapter III of this general question on the basis of the study to reflect contemporary China property law, pointing out its shortcomings is that property rights protection and equal property rights structure not being fully realized, on the one hand, property law can't properly preserve and protect the value of the right to demand and largely affected the realization of the value of its order. In other words, the right to believe that their rights have been infringed or improper compensation can't be reasonable that failed to protect the legitimate rights of property law, the easily lead to social conflicts and affect social stability. On the other hand, property law can't properly preserve and protect the value of the right to demand a large extent, influence people and create wealth, accumulate wealth, passion, power and confidence, thereby affecting the efficiency of realization of the value. Property rights can't be effectively the legal protection of the rights body is a legitimate and lawful interests of the damage, the social level, the impact of social stability and harmony, and thus also affect the social development and efficiency, resulting in the value of property law loss. Property rights, equal protection and property rights structure of these two issues are relevant, the legal protection of property rights less than the balance of the property structure, the same time, the legitimacy and legality of the property to obtain the lack of reasonable and adequate laws and regulations, resulting in not being subject to local micro-made or improper access to property, is bound to affect the property rights structure of the macro sense. Owner of public property and resources on the right of not being fully realized gains also affected the proper distribution of resources and property. Its roots lie in the level of national standard under the constitutional powers and rights and the structural imbalance between the powers.