The Constitutional Protection Towards The Economy Of Non-public Ownership

The protection of China's actual constitution, Constitution of 1982 towards the economy of non-public ownership has amended for several times within more than twenty years only. These articles have been the most frequently amended and the biggest changed. The amendment of Constitution reflected not only the internal relationship of Constitution and the system of economy but also the interaction between law and reform of society. Constitutional amendments erased people's prejudice against the economy of non-public ownership within certain areas, nevertheless it didn't bring along the economy of non-public ownership with the protecting mechanism to insure it against damages, badly more it caused some blames against the stability of Constitution itself.Effort is not equal to effect.This paper focuses on two typical economy of non-public ownership---individual economy and economy of private ownership. Standing on"Constitution"and"the economy of non-public ownership"---the subject and the object, this paper tries to find the sticking point and the methods according to reviewing the history, status quo and the affection. We should solve the problem according to the attention of both Constitution and the economy of non-public ownership, within the ability of Constitution.This paper is divided into three parts:The first part gives concepts to"the economy of non-public ownership","the protection towards the economy of non-public ownership","Constitutional protection towards the economy of non-public ownership"step by step. Then we are clear about the damages against that Constitution protects, not only the damages from the economy of public ownership, the government, but also the economy of non-public ownership itself. So, protection is not equal to predilection, Constitutional protection should be established on the status, the rights and the way which insures it.The second part focuses on the actual condition of Constitutional protection and involves the historical transform, the status quo, the precondition and the affection. The aim of this part is examination and reference. Firstly, Constitutional protection towards the economy of non-public ownership has been transformed better and better, but it has limitation; secondly, Constitutional protection towards the economy of non-public ownership has good effects to both the economy of non-public ownership and Constitution itself; lastly, the protection depends on the maturation of the external factors, for example the theory.The last part is major. It settles the problem how to perfect the protection of Constitution towards the economy of non-public ownership. If we need to perfect it, what barriers we should break, where is the sticking point and how to perfect it? According to analysis, this paper considers at present the protection of Constitution towards the economy of non-public ownership has limitations on both content & manner. So we give our suggestion on three pacts: shift of the concept, perfect the articles and enforce the execution.