On The Protection Of The Right Of Private Property By Law In The View Of City House Expropriation

The history of human progress is also a history of private property protection law. From Roman law to the United States the declaration of independence, from France’s "universal declaration of human rights to other national legal system and so on. their blood penetrates the private property right in with the right of life and liberty which is called the three basic rights, and private property rights is the most basic content of human rights.Thus, private property protection is very important. As China’s economy and modern city construction speed up steadily along with the rapid urbanization of our country, which put forward the urban house dismantlement into stage of rapid growth, it also makes the urban house dismantlement become a hot topic in recent years. Because of its association with property are closely linked, so it will inevitably encounter legal protection of private property right when it involves the urban house dismantlement. And the citizen’s private property of the urban house is directly related to their interest and the construction of harmonious society which also is related to the process of the construction of the rule of law.Therefore, in the urban house dismantlement process, we must both emphasize the role of private and public law. However, at present the relevant laws are not harmonious, in the practice of the urban house dismantlement government play a crucial role, because the existing legal system has defects, we have no strict distinction between the public welfare goal and commercial purpose and the government’s role is not suitable, we also have no effective regulation.Therefore, in urban house dismantlement process, we should establish and complete the law of land use rights and urban house dismantlement, form the concept of respect and protection for private property, reinforce the protection of private property right from law in order to cultivate a healthy and orderly the legal protection of private property right system, this is inevitable requirement of protecting citizens private property and the construction of the government by law. This article studies these problems in the process of urban house dismantlement, and makes suggestions on how to protect and make it better from the aspect of private law.