2008Dangdai faxueRequires access

Construct modern Chinese Property Law under the Balance of Public Power and Private Right

Shen Wei-xing

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Abstract

Property Law aims at protecting the property rights of the owners as well as regulating orders relevant to property.Since property rights interact with public interest and legal interests of other people,compared with other private rights,they are more likely to be interfered with and restricted by public powers which are public-interest-oriented.On the one hand,Property Law is to protect private rights from excessive interference of public powers;on the other hand,it functions as the boundaries of excessive private rights.In practice,Property Law calls for constructing an environment in which public powers and private rights balance well.

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What this paper is about

Property Law aims at protecting the property rights of the owners as well as regulating orders relevant to property.Since property rights interact with public interest and legal interests of other people,compared with other private rights,they are more likely to be interfered with and restricted by public powers which are public-interest-oriented.On the one hand,Property Law is to protect private rights from excessive interference of public powers;on the other hand,it functions as the boundaries of excessive private rights.In practice,Property Law calls for constructing an environment in which public powers and private rights balance well.

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Available abstract

Property Law aims at protecting the property rights of the owners as well as regulating orders relevant to property.Since property rights interact with public interest and legal interests of other people,compared with other private rights,they are more likely to be interfered with and restricted by public powers which are public-interest-oriented.On the one hand,Property Law is to protect private rights from excessive interference of public powers;on the other hand,it functions as the boundaries of excessive private rights.In practice,Property Law calls for constructing an environment in which public powers and private rights balance well.

Key concepts: Public property, Property rights, Balance (ability), Property law, Private rights, Private law, Public interest, Property (philosophy)

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