2004Journal of Sun Yatsen UniversityRequires access

On the Right Holder of Constitutional Property Rights

Li Lei

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Abstract

Constitutional property rights should be regarded as human rights rather than a channel to control economic value. The right holder of constitutional property rights is not identical to that of property rights in civil law. It is not proper to treat all legal entities committed to public ends as right holders of constitutional property rights. Governments enjoy and exert fiscal powers but should not act as a right holder of constitutional property rights. State-owned enterprises may be treated as right holders of constitutional property rights, yet their activities should be restricted to limited areas.

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Constitutional property rights should be regarded as human rights rather than a channel to control economic value. The right holder of constitutional property rights is not identical to that of property rights in civil law. It is not proper to treat all legal entities committed to public ends as right holders of constitutional property rights. Governments enjoy and exert fiscal powers but should not act as a right holder of constitutional property rights. State-owned enterprises may be treated as right holders of constitutional property rights, yet their activities should be restricted to limited areas.

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Available abstract

Constitutional property rights should be regarded as human rights rather than a channel to control economic value. The right holder of constitutional property rights is not identical to that of property rights in civil law. It is not proper to treat all legal entities committed to public ends as right holders of constitutional property rights. Governments enjoy and exert fiscal powers but should not act as a right holder of constitutional property rights. State-owned enterprises may be treated as right holders of constitutional property rights, yet their activities should be restricted to limited areas.

Key concepts: Property rights, Right to property, Constitutional right, Law and economics, Property (philosophy), Public property, Reservation of rights, Exclusive right

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