"Society once there are property is not as sacred as the laws of God's idea, then our society will not have the force of law and public justice strength to protect property, so the anarchy and tyranny start".
-- Adam Smith
Property right system is the prerequisite for the realization of social order.France in 1795 "human and civil rights and obligations of the Declaration" that: "to protect property rights is the foundation of social order".The history of the root cause disorder cycle mostly lies in the possession and distribution of wealth is fair, because, in the three natural rights property rights is the right to life and the right to freedom of material foundation and conditions play a role.Modern civilization is built on the three human nature right of inviolability of the foundation.
Possession and distribution in China biggest problem is also wealth inequality.Rooted in human rights without institutional guarantee, there is no democracy and rule of law.Therefore, mastering the powerful interest group to vulnerable people take away by force or trickery, the most obvious, the most typical, the people hurt the most biggest is mandatory even violent demolition.The demolitions is the essence of power infringe naked on private property.So, a lot of people playing "with adults" banner against such infringement, but the problem is China's current legal protection of private property right of inviolability of?
Human rights is the inherent natural rights instead of a person or an organization that they are known as sacred, and in social life, only to gain general acceptance and become a legal right to get the public to consciously safeguard the protection with power.Only the constitution declared the right of life, liberty, property right of inviolability, and on this basis to formulate a series of laws to ensure, by offenders to safeguard their rights according to law.And can not go, either resign oneself to one's fate, or violent resistance, so the "chaos and tyranny begins".
Our constitution to private property is this rule: "article thirteenth the lawful private property of citizens shall not be infringed.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."
This clause do in-depth analysis, we will find that, in forced even violence relocation, article thirteenth does not protect the demolition party but is conniving in demolition.
First, private property is not sacred, comparison of Twelfth "- public property is sacred and inviolate", its meaning is very obvious.Secondly, a front: the legal private property.So not legitimate, not divine, who can be violated?Third, because the private property right is not sacred, so there are "countries in accordance with the law to protect citizens to inherit private property right".If the law is not perfect, there are loopholes, then the country will not go, do not protect the private property of citizens?Fourth, from the national project to public toilets transformation can be regarded as the public interest.In this way, as long as the public interest, so no matter under what circumstances can be imposed on the private property of citizens or expropriation and compensation.While the "expropriation" and "syndrome" itself is backed by violence of compulsory.Fifth, is the collection of property ownership, expropriation is right to use the property, a great difference between the two.But in these two cases, all just compensation and non market purchase.Because it is not the market, so the market factors can be considered also can not consider.
This clause of the constitution, the relocated household how to adults?
Therefore, if you want to make the constitution truly safeguard the rights of citizens, we should modify the terms.Just to be clear: the inviolability of private property rights.The state only in the war or the state of emergency, can be in accordance with the law the expropriation of private property and compensation for the losses.
Protection of private property right of inviolability of the system first beneficiaries are vulnerable groups.Because the bigwigs, control of public resources and public power much, as long as the society to maintain a certain degree of stability, they are basically self - free.Without the constraints of the system, they would have to resort to every conceivable means means act recklessly and care for nobody to grab the interests of vulnerable groups, can be powerful fish on the chopping block.So, must make the private property right of inviolability of the high-voltage wire system become an absolute can't touch.Only in this way, will it be possible to protect the interests of vulnerable groups are not violated and that became the basis for change the situation.Only in this foundation is possible to construct a modern civilized society.