On Administrative Law Protection Of The Right To Private Property

In the rights of citizens, the life power and the free power, the property rights are called together citizen's three big rights. These three power authority money pouch mutually relates, the close correlation. The property rights are realizing the life power, the free power material base. Has the private property, meant individual may have the condition to realize oneself legitimate right, simultaneously is advantageous to the reassignment broad masses' enthusiasm and the creativity. In the human history, the legal protection citizen private right has experienced such historical path: Has not been clear about the limits in classical residential society the personal domain, even if ancient Greek and the ancient Rome's law strongly thin has stipulated the citizen property right protection, but their property rights first the performance is one kind of discipline and the order, by no means individual benefit and will. The modern resident society's core goal is the personal property rights absolutely protection. The contemporary resident society absolutely protects the relative protection to the private property rights from the modern times the transformation First, legal standard "from individual standard" "social standard". Second, the property law principle from "personal autonomous" "limits the freedomOur country has experienced a long historical process to the private property rights understanding, because lacks the safeguard private property rights the basic system and the idea, overemphasizes the national interest and the social benefit, individual right benefit has not obtained the respect which should have.May know from our country constitution safeguard private property rights constitutionalism course, our country in the private property rights protection aspect, has been through repeatedly roughly, is the alone Chinese characteristic, was then ideology in political, the economical domain reappearance, along with our country constitutional government democracy construction advancement speeding up, the private property was clear about into the constitution, further explicitly stipulated: "Citizen's legitimate private property frees from aggression". This not merely is the law fluctuation and with the word in linguistic environment change, he had profoundly reflected the country in constitution idea significant transformation, the prominent humanist ultimate objective pursue, to our country politics, the economy and the social life has the significant influence. But the private property rights constitution safeguard, is not one kind of simple legislation practice, its itself involves the complex constitution operation question, cannot leave outside property protection clause basic concrete system effective coordination which in the constitution sets up Does not have the system safeguard the property rights, how regardless of the constitution does stipulate consummates, to the property rights main body said all only is the road declared. In order to realize the basic value which in the constitution the property rights manifests, needs the ordinary law the protection private property rights constitution stipulation concrete application, realizes the private property rights for the citizen to provide the legal foundation. In each kind of department law, the administrative law is duty-bound.