Abstract
The Real Right Law of the People’s Republic of China is the basic law for regulating and protecting the property rights. The Constitution, as the fundamental law, adjusts the property right relationship too. The protection from Constitution is the precondition and base for protecting property right. The Real Right Law is to fulfill the principle of Constitution that ensures citizen’s private property right. To protect the property right, Constitution mainly aims at defending the country against outside. Its basic function is to define the country activity. As for the Real Right Law, it is to protect the property right by defining the property in case of invasion of other civil subjects. Both Constitution and Real Right Law offer protection for private property right and also impose restrictions on private property right. That is the national requisition system. This system imposes strict restrictions to private property right. Therefore, it is necessary to set up firm restrictions and constraints on the requisition system. According to the legislation of other countries, we can restrict and constrain this system from three aspects, namely the intention of requisition, the complement standards, and the process, driving the government to realize lawful administration, and protecting the private property right properly.
Highlights
Article 1 of the Amendment to the Constitution of the People’s Republic of China (1988) regulates: “The state permits the private sector of the economy to exist and develop within the limits prescribed by law
The private sector of the economy is a complement to the socialist public economy.”
Article 16 of the Amendment to the Constitution of the People’s Republic of China (1999) makes it clear that “The non-public economies such as the individual economy and the private sector of the economy, operating within the limits prescribed by law, are important components of the socialist market economy.”
Summary
Article 13 of the Constitution of the People’s Republic of China (1982) regulates: “The state protects the right of citizens to own lawfully earned income, savings, houses and other lawful property.” Article 1 of the Amendment to the Constitution of the People’s Republic of China (1988) regulates: “The state permits the private sector of the economy to exist and develop within the limits prescribed by law. 1. Protection of Private property right The property right is always an important subject in law field. The laws and regulations of property right are about civil laws, but, first of all, a constitutional issue. The adjustment object of the Constitution and the Real Right Law is the same ------ social economic (property) relationship (Zheng Pang & Wei Wu, 2006, p33).
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