Debate The Civil Legislation Protection Of Our Country Private Property Right

The second session of the tenth National People's Congress considered and passed"People's Republic of China Constitutional amendment","Not violating citizen's legitimateprivate property" is first to bring into the national fundamental law, this was a bigachievement which our country constitution transformed, symbolized big innovation of ourcountry constitution idea, has manifested the humanist basic thought and the idea. The privateproperty rights are a citizen's important right, protecting the private property rights not only isimproving the socialist market economy system the need, or promoting person's full scaledevelopment need. But, protecting the private property rights only to have in the constitutionstratification plane the stipulation is by far insufficient, but also needs to have in thedepartment law standard the general concrete provision to come to coordinate. But the presentachievement adjusts the market economy most important department law—civil law, alsoinsufficiently arrives in the legislation to the private property rights protection, lacking thecorresponding guiding principle and certain specific stipulations.Based on this, this article takes has consummated the private property rights the civillegislation as the research object, embarked from the private property rights basic principle,confirmed the private property rights concept, determined the private property rights thescope, and inquired into the protection private property theory source and course evolution.Through to the private property rights legal principle theory of law value analysis, inquiredabout its should receive the legal protection the necessity; Through to the private propertyrights civil law protection constitutional government foundation and the legislation presentsituation analysis, induces our country to have to strengthen the private property rights civillegislation the necessity and the urgency; In this foundation, proposed several conception thatimproving our country private property rights civil legislation.