2004Journal of Yantai UniversityRequires access

On the Advantages of the Constitutional Protection of Private Property

Jiawei Wang

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Abstract

In the constitutional law of western countries, private property rights are systematically prescribed, the relevant provisions of the constitutional law of our country have many disadvantages. For many reasons, private property rights protection should be stipulated in the constitutional law. The first reason is, as a system of rights,private property right arose earlier than the civil law. The second reason is private property is the bases of other basic citizen rights. We should also recognize that the constitutional protection of private property has many advantages in contrast with the civil law, constitutional protection could strengthen the nation's duty on private property rights protection. Under the constitutional protection, private property rights could be raised to the height of human rights.

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What this paper is about

In the constitutional law of western countries, private property rights are systematically prescribed, the relevant provisions of the constitutional law of our country have many disadvantages. For many reasons, private property rights protection should be stipulated in the constitutional law. The first reason is, as a system of rights,private property right arose earlier than the civil law. The second reason is private property is the bases of other basic citizen rights. We should also recognize that the constitutional protection of private property has many advantages in contrast with the civil law, constitutional protection could strengthen the nation's duty on private property rights protection. Under the constitutional protection, private property rights could be raised to the height of human rights.

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Available abstract

In the constitutional law of western countries, private property rights are systematically prescribed, the relevant provisions of the constitutional law of our country have many disadvantages. For many reasons, private property rights protection should be stipulated in the constitutional law. The first reason is, as a system of rights,private property right arose earlier than the civil law. The second reason is private property is the bases of other basic citizen rights. We should also recognize that the constitutional protection of private property has many advantages in contrast with the civil law, constitutional protection could strengthen the nation's duty on private property rights protection. Under the constitutional protection, private property rights could be raised to the height of human rights.

Key concepts: Property rights, Law, Property law, Duty, Political science, Public property, Private property, Private law

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