On The Constitutional Relationship Of The Citizens' Property Rights And Public Property

With the development of the great issue of Rule of Law in China, the Role of Constitutional Law and the construction of constitutionalism are becoming more and more important since the fundamental problems have to be settled down by constitutional law rather than by criminal law, civil law or administrative law. The 2004 amendments to the Constitutional Law marks a new stage in China's construction of constitutionalism. In the past several years, many scholars and graduate students have made detailed research on the topic of "citizens' property rights" under the context of constitutional law, the feature of my study in the same theme is that I focus on the relations between the citizens' property rights and the public property rights. Through a comparative and historical method, I reviewed the history of construction of constitutionalism in China, and the history and concepts of property rights, then studied the western countries' theory and practices in constitutionalism, and eventually reached several conclusions on the relations between the citizens' property rights and the pubic property rights. On the basis of the conclusions, I further studied China's constitutional laws and its amendments in the hope of finding some constructive ideas on China's constitutionalism construction, particularly in the filed of property rights. The dissertation is composed of 5 parts, the first one is on the topic of the concept of property rights and its relation with constitutional law, the second one is on the topic of the western countries' theory and practice in the field of property rights in the context of constitutionalism, the third one is on the topic of relation between the citizens' property law and public property law, the fourth one is on the topic of China's theory and practice in the field of property law in the context of constitutionalism, the last one is a conclusion.