第1个回答 2008-10-29
Abstract: In modern society's idea, citizen's private property rights are one of human rights most basic contents. The private property rights already possibly come the selfish subject of object the violation, also possibly comes from the civil rights to advocate strongly body's violation, what but is biggest to the private property rights threat, harms is most serious is the civil rights advocates strongly the body abuse of authority the behavior. Therefore, protects the private property rights, must take the civil law the function, must highlight the public law the function. The civil law in promotes between freely the subject of object the freedom, the equal transaction, prevents the subject of object to play the influential role to the subject of object property rights violation aspect, but faces the government to abuse the civil rights strength to snatch away citizen's private property behavior, the private principle appears lacks the ability to do what one would like, because the civil law in cannot obtain the defense or the resistance state power potency essentially. But to the private property rights' public law protection, the private property rights constitution status's establishment, means particularly citizen's private property rights had the status which the resistance government authority violates willfully, means that the state power exertion take the private property rights as, it is in establishes the duty for the country and the government. The public law through the restraint civil rights strength guaranteed that the personal domain autonomous, protects the private property rights. Without the public law, only depends on the civil law the strength not to be impossible to prevent the civil rights strength to the private territory infringement. Does not have public law limit civil rights strength willful exertion, the civil law to stipulate again well to the private property rights also difficulty with fully realizes. Along with the economical development, our country existing private property legal regime date fades in reveals many flaws, urgently awaits to put in order. How to establish conforms to the social development request private property rights legal protection system, is key question which current must try to solve. This article research has certain practical significance. key word: Private property legal protection public law protection civil law protection civil rights strength significance question object .
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第2个回答 2008-10-29
In modern society the idea, the private property of citizens is one of the most basic human rights. Private property may not only to the right of self-abuse, may also come from public power against the main body, while the greatest threat to private property, the most serious crimes against The authority is the main abuse of power. As a result, the protection of private property, both should pay attention to the role of private law, but also to highlight the role of public law. Despite the promotion of the rights of private law between the main freedom, equality transaction, the right to prevent the main subject of the rights of Violations of property rights play an important role, but in the face of the abuse of government power to deprive the public and private property of citizens, it appears that they are unable to private law, private law because, in essence, not defense or against the effectiveness of state power. And the law on private property protection In particular the constitutional status of private property is established, means that citizens have the right of private property against the arbitrary abuse of government power, means that the exercise of state power to private property for the community, which is in the country with the obligations set. Through public law Bound to ensure that public and private power in the field of self-government, the protection of private property. Does not public law, private law alone can not stop the power of public power for private domain of the violations. Law does not limit the arbitrary exercise of public power, private law provides that private property rights, no matter how well Difficult to fully achieve. With the economic development of China's existing legal system of private property shows the growing number of shortcomings need to Rectifying. How to set up social development in line with the requirements of the law to protect private property rights system, should current efforts to solve key problems. This article The study has a practical significance.