Promoting the economic development in the protection of private property from the perspective of the development of the world legal history

By the twenty-second amendment to the Constitution -- triggered Association

 

AbstractMarch 14, 2004: the National People's Congress adopted amendments to the constitution, the protection of private property into the constitution. The protection of private property in the ancient Rome has become an important part of the law, until the capitalist revolution the inviolability of private property principle. From the ancient Rome period, the development of economy, is becoming one of the most important factors affecting the development of law, but also become an important factor to promote the legislation of the protection of private property.

 

Keyword: private property ownership laws and economic development

 

Protection refers to legal person and natural person property, especially the protection of private property right of natural person. The first reaction is often in the minds of the associate to be "the inviolability of private property" statement.

In the people's Republic of China after the establishment of 50 years, the ownership of property has been that the property is only the ownership by the whole people and collective ownership of two kinds of ownership. This has been the private ownership of property ownership form not to say yes or no.

In March 14, 2004, the second meeting of the National People's Congress passed the twenty-second amendment to the constitution. The contents are as follows: Article thirteenth "the state protects the right of citizens legal income, savings, houses and other lawful property." "The state protects by law the right of citizens to inherit private property." Is amended as "the lawful private property of citizens are not violated." "Countries in need of public interest, can private property of citizens expropriation or requisition and compensation in accordance with the law." The revised "constitution of people's Republic of China" thirteenth from "the state protects the right of citizens to lawfully earned income, savings, houses and other lawful property. The state protects by law the right of citizens to inherit private property." Variable as a violation of "citizen's legal private property without. The State shall protect citizens to inherit private property right. Countries in need of public interest, can be imposed on the private property of citizens or requisition and compensation in accordance with the law." The amendments to the Constitution in March 14, 2004 by the National People's Congress promulgated the notice.

This is China the highest organ of state power through legislation, in the form of statute law, legislative protection of private property.

In the history of the development of world law, legal development, legal system and rule of law, are closely linked with the economic development and the development of the productive forces. Only economic development, in order to promote the development of law, and promote the legal form, and to promote the protection of private property in the form of legislation.

 

One, from Athens to Rome law

Talking about the two law in the world today, whether it is from the Anglo American law system and the Germanic law, its origins are from Rome. The legal source of the Anglo American law system is mainly by the law of Rome as a source of law; and the Germanic law is a comprehensive inheritance law of Rome. Therefore, the sources of law on the protection of private property of the two law systems from Rome law.

1, the law

Rome was first written code enacted "law of the twelve tables" affected by the Athenian law in ancient greece. In about 450 BC, is responsible for the drafting of "Twelve Tables" committee from Rome came to Athens to study Solon (Solon legislation, 594 years ago) law. And they do benefit from non shallow.

(1), early Greek philosophy and commodity trading

The ancient Greek (twelfth Century BC to third Century BC) the legislative concept and method, a method about the polis democracy law (ancient Greek "constitution") to produce direct or indirect effect of the public law and its judicial European countries later, so that the ancient Greece is called the "cradle" or "democracy my hometown". In fact, the ancient Greek law, in addition to a maritime law, not too many become the legal origin later, but the influence on the later Rome produced.

The ancient Greek state model is a city-state country, city management by certain nobles. As an important property of land by the city public and a few noble possession, therefore the ancient Greek law is to maintain the nobility of law in some extent.

Early ancient Greek city-state republics, all the most important property is shared by the city, can be called an early form of collective ownership. But in the early theory of ancient Greek philosophy, privatisation has been proposed. Platon once put forward in "laws": "if I look after them, I will not let anyone touch my property, or not after I agreed to let my property disturbed by the slightest; if I is a sensible person, I will treat the property of others in the same way." Although Platon proposed the privatization concept early, but still not the private property is a natural right of people. The reason why Platon put forward the concept of private property, because the redistribution was in Athens city-state items, resulted from within the city and between the city and the city, the people (natural person) increase mutual gift exchange goods, as well as the commercial activities, thus forming the concept of city, have a certain market must have a certain economic activities. Although the early economic activity is mostly a barter system operation. This kind of commodity trading activities, and then based on the collective, the private property of certain. Platon Aristotle in the "ethics" in the interpretation of the function of money is to make a lot of exchange products become possible. Because of the different number of products through the medium of exchange the same to reflect its value, so that the equivalent exchange is possible. Aristotle argued that currency only redeeming feature is exchanged between convenient primary producers, but the money is some people's hands, not as a product of the exchange, but in order to attract more money. From Aristotle it is not difficult to find, in the Republic, the product has a lot of exchange, monetary savings has become a trend of the people; through currency deals should not be called exchange, but trade.

(2), the legislation on the protection of private property in the law of Athens

Both the barter trade, the Athenian republic economy in development. Not only is the internal trade of the Republic of China, and even cross-border transactions, have led to the matter and currency to privatization. It is must be a mandatory force of law to protect trade and trade, protecting the people of Athens through normal means and legal means the property obtained by the. So it will promote the about the protection of private property law legislation in athens.

Due to the economic development of Athens, Athens private ownership has been developed. Ownership of the legal provisions include actual possession or sale and processing power and property right.

The object of ownership was extended to all movable and immovable property. Real estate general slaves, livestock. Real property is mainly the aristocracy of the land and the general people's homes, i.e..

The method provides two ways of property ownership, original and derivative acquisition. The original refers to the interest, inheritance, nourishing, preemption behavior such as property. Access to mainly through legitimate transactions and trading property obtained by the.

The law is the main provisions of tort litigation to protect people's private property. On the civil property illegally damage, and then formed a kind of tort obligation, the victim has the right to seek compensation, the perpetrators have burden the obligation of reparation. Those who intentionally harm others, the punishment as the extent of the damage.

Infringe upon the legitimate property of others to theft and other means, in Athens law as a crime. The criminal penalty is mainly depending on the seriousness given fines, exile, death penalty.

The protection of property law to the people of Athens is a kind of indirect protection, the law in specific cases, the property can be imposed.

2, Rome

(1), Rome Republic

The Rome Republic (Republic of China period, the sixth Century BC to the third Century BC; the late Republic, the third Century BC to the first Century B.C.). The most representative of the law as a "law of the twelve tables".

Rome Rome Republic, the law is not the true sense has a far-reaching influence on later. But the Rome Republic to the late empire of Rome law has an important influence.

During the Rome republic political system is by the Republic of China period the primitive commune system to the late republic regime system gradually over.

During the Rome Republic also belongs to the commune system, the property also most belong to the collective ownership. Since the late Rome Republic Foreign territorial expansion, by means of war make a person in possession of a certain land, slaves. And to a certain degree of land now, is the result of the slave class by the possession of land, produced by forced slave labor and products, so as to promote the development of commodity exchange and economy at a certain extent. Therefore, in the Rome Republic period more property refers to the material, mostly for implementation through the protection of the creditor's right to the protection of monetary assets.

Although Rome law but also by criminal law and civil law to protect the private property of citizens, Rome law punishment is more cruel. Such as "Twelve Tables" third provisions: the expiration of the period of the debtor, creditors have the right to a chain to seize the 60 days, and the debtor marched to the three markets, such as a ransom for others, debt as liquidated; if no ransom, can the debtor to kill, even the debtor dismembered body or sold as slaves. "Twelve Tables" Eleventh table: burglary were sentenced to death.

Although the Rome Republic is still based on collective ownership. But the Rome citizens are still eager to property privatization. Such as the Rome Republic famous jurist Cicero in "the Republic" and wrote: Although theatre is public property, we can still say everyone seated is "his" seat; the country and the world as well, though they are public property, but there is no doubt, no what justification can be used to oppose the idea, each of the items is all his own.

By the late Republic, due to territorial expansion. Rome adopted the principle of nationality, division of the public law and law of nations. The civil law to adjust the relationship of folk in Rome city. Million civil law civil non various relations in Rome. If there is a conflict between the Rome citizens and other citizens, applicable Rome law. Using this classification is mainly due to the late Republic territorial expansion, the conquered territory of various commodities and trade relations with Rome is not the same. In order to ensure the normal trading business, in order to protect trade order. Must regulate the trade and commercial relations in the form of law. Especially the law of peoples, in which most of the content is property relations, especially pay attention to the adjustment of the relationship between the ownership and creditor's rights. Gentium more adapt to the economic development of Rome slavery. From which, we can see, the development of economy, the development of trade, it is necessary to improve the economic relations and economic system, which will promote the development of the legal system. Using legal means to protect trade, protect the legitimate trade and exchange has private property. Therefore, from this perspective, economic development, must lead to the protection of private property through legislation, not only to promote the legal effect, and promote the economic development.

(2), Rome Empire

Rome Empire (empire period, the first Century BC to the third Century ad; empire period, from third Century to the middle of the sixth Century ad). Is the peak period in Rome law development.

The Empire of Rome, the natural law as a law of Rome is an important part of the. The natural law is based on nature, from nature, is the biological law between, is produced from all things in the nature of. A very important concept of natural law is, private property is a natural right of people.

Rome empire in the history of world legal system has a very important effect. Is the first appeared in the division of public law and private law. Famous jurist Urby Ann said: "the public is concerned with the national organization of law; private law is concerned with the personal interests of the law." Division of public law and private law is actually from the legal level, pay attention to the protection of the rights of the individual, private property.

In Rome empire period is the emergence of the legal division method is so important. There is a certain social background. The Empire of Rome, the Empire reached an unprecedented state. Land tenure tend to a privatization (through the military exploit, occupation legitimate means such as land occupation,), a lot of land sale then appears; the land, also need to have slaves to labor, product, and a lot of products trading. Due to the expansion of territory, leading to a different area of products between swaps increased. And in the Mediterranean region, made a lot of maritime trade, and develop the maritime later laid a certain foundation.

Because of the increased trade, expand trade area, make money in economic relations value, circulation, storage, payment functions are becoming increasingly prominent. And because the function of currency outstanding, make money become immobile second important private property after.

Rome empire period, private property is a father system of property ownership. Take the family as the unit, to my father as the core of property ownership. In this kind of relation of system of ownership, family in all the land, money, slaves, and even children, belong to my father's private property. Moreover, in such a system will have a large family units of production.

In the social and economic system of this, family as manufacturers, products, to obtain money, and with money to invest and expand reproduction; and as the consumer side, for families to buy by money. On the formation of the economic cycle diagram of a simple 2X2; and has simple elements of the market and the consumer market. Just in this one simple economic cycle in the graph, family with double identity. Is a manufacturer, is also the family.

Through economic means and tools of the trade, so the home occupied an important position in the whole economic system in Rome. If in this case, the immovable property and money not to protect the citizens of Rome through the legal means by means of legislation, so it will not be able to effectively stimulate production and trade, then the whole society and economy will be back phenomenon.

Therefore, the Empire of Rome in the law on the protection of property has become an important part of the legal. What say here, refers to the Rome liberty all things existing in nature, its meaning is very broad, not only has the money value of tangible items and law in the usual sense of things, and even the legal relationship and the right is also included. Rome Imperial Emperor Justinian period written "jurisprudence", there are nearly 2/3 of the content is related to the protection of content.

In the "jurisprudence", according to the transfer is required to fulfill certain legal procedures in order to transfer and the transfer procedure, according to whether the possession and sale into may have and not have, according to whether the entity shape into tangible and intangible property, according to freedom of movement and force moving whether a change value and nature into immovable and movable property. Legally to include a preemption, inheritance, gift, contract and debt, and by the law of some special cases and illegal behavior will make these acquisition mode is invalid. "Jurisprudence" clearly the rights of ownership, easement (easement, personal servitude), on the right, real right of pledge (trust, mortgage, mortgage); the ownership of the ownership has a possession, use, income, punishment four functions (this rule has been used to two big legal systems of today). Ownership has absoluteness, exclusiveness and sustainability, absolute power is a kind of right in rem, refers to all the people can freely dispose of their property within the scope permitted by law; exclusive right is all things to all people can obtain the property generates interest and exclude others in all of its work on any involvement and intervention; sustainable is refers to the property loss or transfer before all the people to always have the right.

"Jurisprudence" also provides for the infringement of the matter as a private crime, theft, robbery, against the legitimate property of others are private prisoners, and give the civil or criminal punishment according to the nature of this kind of infringement. Not only that, "jurisprudence" also stipulates that the victim when the legal matter have been infringed, you can get relief through litigation to the court, and provides legal proceedings, special litigation, proceedings and other litigation.

"Jurisprudence" is not only rich in content, and the precise structure, clear concept. Therefore, it is the western law circles as the ancient Rome society the most perfect a private law. It is about the division of public law and private law, which later became the foundation the world two big law systems division of legal departments; its various provisions on property ownership, including contract, debt, trade, leasing, partnership, and later became the later development of civil law from the blue book; it is about the protection principle of private property, and later development to become "the inviolability of private property" principle.

This can be visible, because of increased economic empire of Rome progress, trade promoted the legislation of Rome law on real right law and promoted the emergence and development of litigation system. The Empire of Rome, the economy will not only promote the legal protection of private property, but also through the protection of private property, trade protection, protection of debt to improve the litigation system, and create another institution in human history, the lawyer system.

 

Two, the rise of capitalism and the French "Declaration of human rights"

The bourgeoisie industrial revolution is an important milepost of human social history, it promotes free trade early, pioneered early market economy, contributed to international products and transactions become more perfect. And in law, constitutional document "the French Revolution, the Universal Declaration of human rights" "the inviolability of private property" became a constitutional principle of capitalist countries.

1, the middle ages and canon law

In 1453, the East Rome the imperial capital of Constantinople fell to the turks. Rome announced the end of empire. Europe entered the medieval age.

The period of decline in Rome, money is no longer equivalent transactions, transactions fell back to barter. But in this period, the Empire to fully absorb into the christian. Christianity in the society and the country occupies an increasingly important position. In the Empire of Rome after the middle ages, Rome has to a certain extent is superior to the state, resulting in a church.

From many points of view, the European Middle Ages is a dark age, take a brutal and bloody rule. This is undeniable.

But the problem of view not only from one aspect to look at. In the past we of course, starting only from the legal point of view. The medieval canon law and the development of modern legal period is significant.

Although in the middle ages, the church have a civil jurisdiction. But the legislative power is in the hands of the Lord, the feudal ruling class, the church has no civil legislation, in the face of various disputes and litigation, except as a church law "constitutional" file "Bible", there is no legal basis to help the inquisition to solve and deal with all kinds of disputes. So, the church to look into the Rome law body, through the adoption of compilation, collation and interpretation to solve all kinds of disputes on the law of Rome. Thus created a glossator precedent, and later for the capitalist revolution and the two law of absorption, laid the foundation of inheritance law of Rome.

Although I now to the hands of the data can not find a medieval economy is a kind of how the situation. But one thing is clear, that is in the middle ages, although the church is under the rule of law, but because the church by the interpretation of Rome law form, for the civil disputes in the inquisition. Therefore, can be seen in the church's reign, the protection of people's private property are the various principles and provisions in accordance with the Rome law, the part in a I have described, here is not to explain in detail.

2, the capitalist revolution and the French "Declaration of human rights"

The beginning of the mid seventeenth Century, the European land on the outbreak of a great in strength and impetus of the bourgeois revolution, began a new era in history.

The capitalist revolution of human productivity rapid development, but also promoted the formation of legal principles and the new system, one of the most far-reaching legislation of most countries in the world of "Declaration of human rights" is french.

The capitalist revolution, the nature of property ownership has changed, people gradually lost their land, the emerging capitalist primitive accumulation of capital, have a certain economic strength.

The capitalists and land owners have a lot of money and land, at this time, as money and production tools by the capitalists owned property. But they need the labor to produce the. But the loss of land and other production data are needed to provide labor to obtain survival fund. On the one hand, as a capitalist, provide the means of production, employment of labor for the production, the sale of goods, and access to funds, and the funds to expand production, forming a distinctive market factors. On the other hand, as there is no means of production to the family as the unit of the party, they need to provide labor for the capitalists, to get the wage income, to pay for the purchase of goods, to maintain life, formed the goods market. Capital realizes circulating in the market. This constitutes the economic cycle diagram of a typical 2X2.

The development of the productive forces, we must have a larger market. In seeking to market roads, capitalist countries chose to expand overseas, occupy a colony, the colonial plunder and to colonial dumping to obtain more profits.

Through the development of the productive forces, and the expansion of the market. The production, trading and trading also in the right proportion in the form of capitalist growth, the income is also rapid growth. The human world economic development has never been so rapid development.

So, a lot of means of production in the hands of the capitalists and the land owners, a lot of money also is owned by capitalists, a small part of the currency and the means of production in the hands of the people. Private ownership has been totally replaced the state ownership and collective ownership, comprehensive boarded the stage of history. The capitalists have a lot of property, including real estate and money, they don't want their property is violated, it takes the form of legislation, through the national compulsory force on its own property security protection.

The law has the class nature, the essential core role of law is to maintain the ruling class and the ruling class, the industrial revolution is a bourgeois revolution, after the industrial revolution is capitalism of the state control. So, the essence of the legislation is to safeguard the rule of the bourgeoisie and interests, the bourgeoisie and the capitalists, the fundamental interest is the hands of the property will not be violated.

Therefore, after the capitalism revolution on private property, the most representative of the file is the 1789 French constitutional legal document "Declaration of human rights". The following provisions of its important document full text: "first in rights, men are born and remain free and equal in public. Only using the above social distinctions may be founded. Article second the purpose of any political association is the preservation of the natural and unshakable right. These rights are liberty, property, security and resistance to oppression. The seventeenth property is not sacrosanct rights, unless the public needs legal obviously necessary, and just and prior compensation condition, no one shall be deprived."

The French "Declaration of human rights" for the later capitalism legislation and the system has a very important effect. The first law gradually evolved into the "natural rights" thought; second articles and seventeenth clauses and finally developed into "the inviolability of private property" thoughts, the two thought became the golden rules and principle of national legislation guiding many emperors.

"Declaration of human rights" as a constitutional law documents, is extremely important, the constitution has the highest legal effect in one country, the highest binding. The guiding ideology of legislation of any other department law must follow the constitution thought; any law department shall not be contrary to the constitution, any law inconsistent with the constitution should be declared invalid.

The capitalist revolution, the Constitution explicitly in the form of the protection of private property. Because of the property and private property and the protection of legal form of the highest, protect the interests of the capitalists, mobilize the enthusiasm of the capitalist. This makes the capitalists to more capital investment to expand production. The expansion of production, brought more employment opportunities, promote the development of market economy, the further development of economy.

From the capitalist revolution and the legislation, we once again see the economy will promote the development of the legal protection of private property. At the same time, the legal protection of private ownership but also to promote economic development.

After 3, the capitalist revolution

The capitalist revolution, the economy has been in a state of economic development, and the market has also become more perfect.

Along with the progress of the society, human rights is an important system of international law has been paid attention in many countries of the world. On human rights, the right to life, survival rights, labor rights, property rights are more and more national system and the social system reflected.

Because the state system and social system fully reflects the importance of human rights, and labor of the formation of the concept of equivalence. So that people can get equivalent through a variety of physical labor and mental labor remuneration, income can be significantly improved. More and more middle class.

Society and the state of democratic system, the means of production and the land is no longer entirely in the hands of the big capitalists. The increase in the middle class, so that more and more people have their own movable and immovable property. The law also should be with the development of society and the change and development. Therefore, the law should not only as protection of big capitalists, entrepreneurs tool; but should be more broad social, and should play the law itself has the fairness and impartiality. The protection of private property have all expanded meaning.

If at the time of the industrial revolution on the protection of private property is protected for the interests of the bourgeoisie, then later in the extension of this principle the broader definition. Now for this principle should be understood as private property, are sacred and inviolate, anyone is not allowed on the property of all individuals in any form of abuse.

 

Three, China

Chinese is a long history of the country, in the legal history, China legal history is a separate discipline. The formation of the rule of law in the thought of development has distinct characteristics which are different from the western world.

1, China feudal legal system and feudal private ownership

China feudal social economy has been in a steady linear trend. The level of development of productive forces has been in a smooth, slightly to the development trend on the growth of.

To create a situation where reason nothing more than three. First of all, Chinese has the land as the only attachment. Therefore, when people have a certain economic strength, and not for investment, but for the purchase of a large number of land. Secondly, China because of the influence of Confucianism, has been promoting excellent learning and Shi, talented and knowledgeable people choose career road. And with eight strands of admission has seriously hindered the development of social productive forces of science and the progress of. Finally, because people are dependent on the land, its rulers by such a feature, the people firmly tied to the land, to facilitate the management. For mobility, not convenient management has been regarded as the alien merchants. Therefore, in Chinese society has formed a kind of physiocracy thought. The low status of businessmen, so many people do not have such a choice of occupation, the lack of merchants must cause is lagging economic development. And physiocracy thought also make China has been an agricultural country, the development of the productive forces must be restricted and lag.

China ancient, all over the world, belongs to the king. All the property belonging to the ruler of all. In reality, the vast majority of the land owner, money is a feudal emperor, officials and the feudal landlord.

In this social context, in the feudal autocratic rule, it formed the legal thought of two thousand years of ancient China invariant. Chinese ancient legal use a word to describe is "combination of all laws, the penalty". The ruling class through cruel law to rule and the purpose of safeguarding its own interests.

Here I give two Chinese feudal legal representative system to illustrate the Chinese ancient feudal rulers to safeguard its own interests by law. The first is the wicked system. China feudal society began to form up the Chinese legal system from the Tang dynasty. From the beginning of "Sui kaihuang law" established "felony ten", after the "law of the Northern Qi Dynasty" to be regarded as the highest achievement of the feudal legislation "Yonghui law sparse" (i.e. "the commentaries on the codes of Tang") absorption was established as the "wicked" system, as the core content of the feudal legislation. Wicked: Rebellion, and regicide, conspiracy, evil, not inverse, irreverent, unfilial, discord, injustice, civil strife. All commit wicked crime, and not for. Through such a system to maintain the rule of imperial power and interests. The second system is to maintain the aristocrats and bureaucrats privilege regulations. The law clearly stipulates the discussion, please, subtraction, redeem, when system. Bureaucracy crime, in addition to make wicked crime, all can use some method or exempting punishment. In addition to my crime according to law, relief, also may house a range of relatives.

From the above two cases can be seen, China ancient feudal law is to maintain imperial power and privilege rule, protection of a noble, bureaucracy and the feudal landlord interests as the core of the law. If you ask Chinese feudal legislation is to protect the private property, the answer is of course, but the protection is one of the few people's private property, and through a brutal criminal law to protect. But specifically, the protection of private property is really just by law in maintaining the feudal rule and the protection of the feudal private ownership.

China feudal society lasted for more than two thousand years. In two thousand years, as the economy has not been developed, so the legal system Chinese feudal and feudal code forms for over two thousand years, until the constitutional movement in Chinese legal system. When no substantial development.

2, the transition from new Chinese economic system to the twenty-second amendment to the Constitution by the

A certain period of time Chinese modern long, due to years of civil war and anti aggression war's sake, human life cannot be guaranteed, and property.

Established in 1949, the new Chinese, marks the China entered a new period of development.

(1), after the founding of new Chinese economic system caused by the law on the protection of private property is not perfect

After the establishment of new China, because Chinese is a socialist country, so in the economic structure, the market economy as the product of the capitalism. Therefore, carrying out the planned economy system. In the planned economy system, the market price by the national pricing, production quantity by the national command. The production and market price is two in the supply and demand curves are important indexes reflecting the normal economic relations, when the production quantity and product prices by the national command, can not form a true sense of the market, or even to have the market, this market is also a lack of certain elements. Operation in this economic system, is a kind of no vitality, no creativity, no life no opportunity of development form of economic operation. Therefore, after the establishment of new Chinese, although the economy than in the past has been considerable development, but compared to other regions and countries in the world, still has lagged behind the development of.

And this is the form of system of ownership at that time. After the establishment of new China, by confiscating bureaucrat capital and a three transformation use, completed nationalization movement of capital. Since the new Chinese is people's country, be in power by the people, so in the form of ownership, state-owned asset is called the ownership by the whole people and collective ownership. In this kind of ownership, all of the land, the means of production, property and so on, are composed of ownership by the whole people or collective. For individuals, but the wages and the wage income to buy daily necessities and some personal belongings, almost nothing can be called "private property" income.

In view of the economic system and property ownership, so the establishment of the new China after legislation. "Only the ownership by the whole people and collective ownership of two kinds of forms of ownership clear constitution", and the legal protection. But on the other forms of ownership are not in the form of law to protect. Are to be punished by the penalty method for violations of state property, collective property behavior; because there is no concept of private property, and no special laws to illustrate how the citizens "property" how to protect, also did not adjust the civil "property" is legal, the infringement of the personal belongings or should be called "property" behavior, usually by analogy to criminal penalties to be punished.

Thus, because of the China economy although than in the past has certain development and progress, but it is the lack of vigor and vitality. In addition to the ownership of the ideological differences. So there are many deficiencies in the law. Not only is the preservation of property, but also in the system of the law is not perfect enough, the lack of a number of important legal department.

(2), the changes of economic system and forms of ownership, promoting the transformation of the legislation on the protection of private property

After the Cultural Revolution Day, Chinese ideology has been changed.

The first is the socialist market economy system replaced the planned economic system. This change in the fundamental, the market in socialist countries under the macroeconomic regulation and control in the allocation of resources plays a fundamental role, so that economic activity following the requirements of the law of value, to adapt to the changes in the supply-demand relations; by the lever of price and competition mechanism, the allocation of resources to better link to realize the benefit, the market the regulation of the market; the advantages of all kinds of economic signal responsive, promote timely coordination of production and demand. Through the effective regulation of the laws of the market, with some countries on the degree of macroeconomic regulation and control, making the whole economy in the past twenty years of rapid development.

The second is the development of the non-public sectors of the economy. The private economy and individual economy after the reform and the rapid development of. The non-public economic investment, production, is a socialist, a part of economy, and play an important role. And occupied an important position in the gross national product. Because of the rapid development of non-public economy, countries "constitution" expressly states that the non-public sectors of the economy, is a important part of national economy, the national protection and encourage non metric economic development.

The second is the allocation to distribution according to work, the personal income distribution system in a variety of modes of distribution coexist. In this allocation, the country admits the individual contracting, leasing, joint-stock business income, risk income, interest and dividend income.

There was a great change in the national ideology, in the past twenty years, Chinese economy achieved important development. In contrast, because of the emergence of individual economy, private economy and development, and the person can obtain more incomes through a variety of means of economy. Therefore, in the hands of the individual, has been compared to the past more property rights. Ownership by the whole people and collective ownership is no longer as China single form of ownership, individuals have more property, including more movable and immovable property. Development of law is bound to conform to social development. In the individual economy and private economy developed, in order to safeguard the citizen legally acquired the property, so the "general rule of the civil law", civil law is to adjust the relationship between civil law. The civil law of our country is the adjustment of the equality between the personal and property relationship. Here equality refers to citizens, legal persons and other organizations. In civil law, the tort law to implement relief for the protection of private property, that anyone intentionally or the loss behavior led to the lawful property or interests of fact of damage, it shall bear the civil liability for tort. At the same time, the "PRC Criminal Law" enacted a special chapter infringement property crime, the criminal law protection of personal property; with the description in the criminal law of citizen property when the text is "private property".

Therefore, with the development of Chinese economy, improvement of people's living standard, people began to property is lawful possession. Although at the time the citizens have the lawful private property, but the concept of private property still holds a kind of attitude of acquiescence. Some departments of the state law is conform to the needs of social development, the legitimate property of citizens of legislative protection.

Until 2003, China the highest organ of state power by the twenty-second amendment of the constitution, with the highest potency in countries "constitution" explicitly written into the concept of private property. With the highest binding legal form, legal protection of private property. Although the law is not the private property as a divine, but this change has become an important progress Chinese law, Chinese rule.

From the Chinese economic development, from what happens in my side. Once again proved that, it is the economic development of various system, inevitably led to the individual will hold private property through economic means of legitimate. The law as an important tool for adjusting social relations, is bound to adapt to the social development and the trend of historical development, the protection of the private property of citizens is an important function of itself.

3, the future China legal protection of private property thinking

Although China in the protection of private property have made great progress, but throughout the whole Chinese law, there are still worth thinking.

The first specification system is not complete. On the protection of property rights norms only a safeguard clause and restrictive clauses, and absence of damage compensation clause. This will inevitably lead to conflict and contradiction of the norm of constitution and constitutional practice, the Constitution itself into a "two laws against" situation, namely: if in the practice of the right of property damage or control without compensation, the safeguard clause be challenged; on the contrary, if be compensation for property rights damage or restricted in practice, and in the lack of clear and direct basis for specifications. In addition, restricting the provisions regarding the protection of property rights itself is heavy, scattered and vague, provisions and security in the standard system and lack of close correlation and inner ordered, in the strict sense, even not as restrictive clauses in modern constitution.

Secondly, normative meaning is uncertain. In the modern western countries in the constitution, provisions on property rights are generally placed people (or citizens) the fundamental rights system. The planned economy era of the traditional socialist country, its constitution is a general personal property rights safeguard clause in the provisions of the relevant part of the social economic system. Regulations to protect property rights constitution concerned citizens in China, but also in the first chapter general programme part, standard system into the constitution of social economic system. In all of our constitution and the writing of the textbook style in general, property rights were not as a fundamental right of citizens are listed and explained. After entering the era of the socialist market economy, in real life, the property has been as a subjective rights to the production and establishment. Its specific meaning based on the constitution, private property rights norms are more suitable for into the human rights system to be established: including the 1, the inviolability of Clause (1), inviolability of property rights. (2), countries can protect property rights are not violated. (3) property rights are protected by the constitution guarantee. 2, the relevant restriction clause (1), the exercise of property rights must accord with the public interests principle. (2), the contents and boundaries of the property right, stipulated by law according to the social and public interests principle. (3), to the interests of the public, according to the provisions of the law of property right, the content and common way to exercise the necessary restrictions. 3, the compensation clause (1), the state may requisition or collection of private property in the proper compensation condition, the requisition or expropriation procedures and compensation method and the amount shall be stipulated by law. (2), the state can be in accordance with the provisions of law, requisition or collection of private property in the proper compensation conditions. (3), the private property of expropriation or requisition, must be given.

 

In the development of human legal history of thousands of years, from the analysis of this paper in the above. Does reveal about the protection of private property in the content of human law legislation, is when social economy develops to a certain extent inevitable result. No matter in ancient Rome, the western capitalist countries, and our socialist Chinese, did not escape from such a rule. This is because the law is the social organic constitute a, the establishment of legal development and system, were influenced by all kinds of social relations. While promoting the protection of private property legislation, also cannot do without all kinds of factors, such as political state, but the economic development is to promote the economic factors on the protection of private property legislation, is to admit of no doubt. In addition, the economic development within the law, is not only to promote the protection of private property, the same factors promoting civil law, economic law, commercial law, international law department develops to a certain extent. Believe, the economic development in the future development of human law will also play the same important role.