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摘要:在现代社会的理念中,公民的私有财产权是人权最基本的内容之一.私有财产权既可能来自私权利主体的侵害,也可能来自公权力主体的侵害,而对私有财产权威胁最大、危害最严重的是... 摘要:在现代社会的理念中,公民的私有财产权是人权最基本的内容之一.私有财产权既可能来自私权利主体的侵害,也可能来自公权力主体的侵害,而对私有财产权威胁最大、危害最严重的是公权力主体滥用权力的行为.因此,保护私有财产权,既要重视私法的作用,更要突出公法的作用.私法尽管在促进权利主体之间自由、平等交易,防止权利主体对权利主体的财产权侵害方面发挥着重要作用,但面对政府滥用公权力侵夺公民的私有财产行为,私法则显得力不从心,因为私法在本质上不能获得防御或对抗国家权力的效力.而对私有财产权的公法保护,尤其是私有财产权宪法地位的确立,意味着公民的私有财产权具有了对抗政府权力任意侵害的地位,意味着国家权力的行使以私有财产权为界,它是在为国家与政府设定义务.公法通过约束公权力确保私人领域的自治,保护私有财产权.没有公法,仅凭私法的力量不可能阻挡公权力对私域的侵犯.没有公法限制公权力的恣意行使,私法对私有财产权规定得再好也难于充分实现.随着经济的发展,我国现有的私有财产法律制度日渐显露出诸多缺陷,亟待整饬.如何建立符合社会发展要求的私有财产权法律保护制度,是当前应当着力解决的重点问题.本文的研究具有一定的现实意义。
关键词:私有财产 法律保护 公法保护 私法保护 公权力意义 问题 对象
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Abstract: 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, crimes against The most serious is the main public power 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 rights The main 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 of private property in particular, the establishment of the constitutional position 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. Bound by public law adopted by the public authority to ensure that the private sector 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 property rights of private law provides that a re - Well it will be difficult to achieve fully. 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 . Research in this article have some practical significance.
Key words: legal protection of private property protection law to protect the public and private law meaning of the object of power
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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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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.
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