On The Constitution And Private Property Right

As a basic human right,private property right is one of the key rights that should be protected by the Constitutional Law.People's life,liberty and dignity are all based on the possession of certain private property right.If the right can't be confirmed by the Constitutional Law,the confirmation of the other rights are meaningless.Any Constitution that doesn't contain the content of private property right can't be called as a real Constitution that protect citizen's right,promote public welfare.The protection of property right by the Constitution is not a patent for the capitalist class,but the inevitable result at a certain stage of the development in human society.According to the historical development of human society,the establishment of private property right has a very long history.And the right is gradually established after the appearances of surplus products and private ownership because of the development of productivity.Paying attention to the protection of private right is always the tradition in western society.In ancient Greek period,private property right first began to appear.In ancient Rome times,the private law which focusing on the individual interests became the law center of the right and setting up complete private legal system degree for the legal guarantee to private property righ.In Middle Ages,people think Private property right is a kind of natural right,which proved the existence of private property right.So the modern private property right is developed into an absolute and sacred right;whereas in the modern society,people became to reflect about it.And then the right is developed into the appropriate restriction to the private property right.As a human civilization achievement,constitution has supreme authoritativeness,in the western constitutionalism people's eyes,constitution should contain the content of protecting the private property right.From the western history of development of the national constitution can be seen that it is in the process of development of the Private property right,birth out step by step, and further hastened the development of constitutional government. Therefore,the constitution of private property right in the western is absolutely sacred—Relatively sacred ,as both to protect and appropriate restrict, the range that the privately owned proprietary of the constitution protects is a course of dwindling progressively to a certain extent.Since ancient times, people in our country emphasize less on private property right.The old saying"this world are king earth",so we can not say ordinary people have the real private property rights at that time.In modern times of China,people became to pay attention to democracy and make the constitution in the form meaning that serves for each politics during the process of learn from western society and introducing the democratic system,but it is still relatively for the purpose of protecting people's right.With the development and progress of the society,people began to pay attention to the essential content of the constitution protect progressively——The people's right,especially the private property right.Amendment of"the Constitution of the PRC"of 2004 was written into"the private property right solemnly",bring the private property in to the same constitution position as public property,and has stipulated clearly that nation should compensate collection or requisition of the private property,in order to deal with the relation of privately owned proprietary and public interests to offer the constitution basis correctly.The development model of the private property right of constitution of our country is ignoring privately owned proprietary of constitution on the whole——Some guarantee——Not infringed.Therefore,as the concept of people's private property rights,the rule of law in depth,the scope of the constitutional protection of private property rights,began to be expanded gradually.From the development of constitutional politics,constitutional confirmation to private property rights is the presupposition to safeguard human rights and liberty,the Constitution could not play a role to them if private property rights would not be confirmed in it.The Constitution basically protects the private property rights with the highest legal effectiveness,the purpose of constitutional politics is to establish a limited government,to ensure civil rights and to prevent violation from the public power, especially to private property rights.This article adopt historical analytic approach and method to compare criticize of a text western countries privately owned historical theology and privately owned proprietary of proprietary in China and Western gradual progress of the constitution,and announced that the privately owned proprietary is catalyst of constitution and constitutional government,the protection of private property is not only the basic content of the Constitution, but also a significant content of establishing constitutional state.