我国私有财产权完善的法理学思考
发布时间：2018-10-17 08:58
【摘要】：对公民私有财产权的法律保护早已在世界各国达成共识,世界经济强国对公民私有财产权的法律保护早已经写进宪法和法律并予以实施,我国宪法确立对公民私有财产权的法律保护符合社会发展的必然趋势,也是为构建和完善我国法律体系奠定了基础。对公民私有财产的法律保护应当注意以下几点：必须牢固树立宪法至上的基本理念；必须深刻理解私有财产权与私有制度的不同概念；必须正确处理公权力与私权利的关系；必须进一步健全和完善各项保护制度以及公民的权利意识与责任意识的培养,只有在以上几点注意到,尤其是在我国社会转型时期,法治社会秩序才能顺利构造成功。 私有财产权是人权的保障,它的存在证明具有一定的正当性并且具有深刻的社会观念基础,由于东西方文化背景存在多方面以及巨大的差异造成人们对待私有财产权的观念差异,原因是中西社会在权利概念方面具有很大不同,仁义作为我国文化逻辑起点,而西方是正义为逻辑起点；重义轻利是我国文化中的精神特质,而西方文化以功利主义著称；中国文化以群体为本位,以王权作为最高权威,个体是西方文化的本位,以终极权威对抗实在法的合法性,从以上诸多观念的差别看出,如要成功地构造法治社会,我们在建设中应深度发掘中国传统文化中的人道精神,并且把这种人道精神与西方权利文化相结合,才能在我培植能让国财产权健康发展的文化土壤。 在当今的中国,几次修宪均围绕着私有财产权改革,可见对私有财产保护的紧迫性比以前已有更为普遍的共识,但是许多人对宪法是否应该保障私有财产和相应的私有财产权却有很大的分歧,学者们基本上都认为宪法意义上的财产权应该是公民的基本权利,但在对基本权利的具体理解上有较大差异,多数学者未能较好地区分宪法上的财产权和民法上的财产权,或者虽作区分但不能准确地予以区分,在防范公权力侵害私人财产方面,无论是法律制度方面还是生活中的行政执法或者是法律保障的最后一道强的司法实践方面,都非常薄弱,人们都希望拥有独立和安全的个人幸福生活的个人空间以及社会安全、政治安定、经济持续健康发展的大环境,希望我们能实现对私人财产的一体化保护、私人财产和公共财产的平等保护。但现实我们是匮乏对私人财产的公法保障,这方面法律的漏洞已经成为阻碍我国社会经济发展和法治建设发展的绊脚石。 学生担心的是在贫富阶层矛盾下社会突发事件一触即发,所以对私有财产权的研究具有十分重要的学术和实践意义,然而对私有财产权的保护并不会自动生成,我们必须在学术和实践中足够地重视,否则,会因为私有财产权没有强有力的法律后盾而导致财产侵权事件频繁发生,因此引出一系列的社会问题,更有甚者会导致财产外流,现今社会已经出现这些问题,本文的目的是在私人财产得到法律保护情况下有利于保障公民权利的实现,推进依法治国,正确理清财产权利、社会义务以及公权力的关系,只有理清这一系列的关系,以人为本的立场出发,更多的从实践角度出发,只有理论和实践相结合才可能调动广大人民群众的积极性和创造性,全面建设小康社会。
[Abstract]:The legal protection of private property rights of citizens has already reached a consensus in all countries of the world, and the legal protection of the private property rights of citizens has been written into the Constitution and laws and implemented by the world economic power. The Constitution of our country establishes the legal protection for the private property right of citizens, which is the inevitable trend of social development, and lays the foundation for the construction and improvement of our legal system. The legal protection of private property of citizens should pay attention to the following points: the basic idea of constitutional supremacy must be firmly established; the different concepts of private property rights and private system must be deeply understood; It is necessary to further improve and perfect the system of protection and the cultivation of citizen's right consciousness and sense of responsibility, but only in the period of social transformation of our country, the rule of law social order can be successfully constructed successfully. The private property right is the guarantee of human rights, its existence proves to have a certain legitimacy and has a profound social idea foundation, because the cultural background of the east and the west exists in many ways and the huge difference causes people to treat the idea of private property right The reason is that the Chinese and the western society has a great difference in the concept of rights, Renyi serves as the starting point of the cultural logic of our country, and the West is the starting point of the logic, and the western culture is the spiritual characteristic of our culture, and the western culture is famous for utilitarianism. As the highest authority, the individual is the standard of the western culture, and the ultimate authority opposes the legitimacy of the real law. From the difference of the above ideas, it can be seen that, if the rule of law society is to be constructed successfully, we should deeply explore the people in the traditional Chinese culture in the construction. The spirit of this kind of spirit is combined with the western right culture in order to cultivate the culture that can make the country's property right healthy. In today's China, the changes of private property rights have been carried out several times in China. It is found that the urgency of the protection of private property is more common than before, but many people have a view of whether the constitution should guarantee private property and the corresponding private property right. The scholars basically think that the constitutional right should be the basic right of the citizen, but there is a great difference in the specific understanding of basic rights, and most scholars fail to distinguish the property rights and civil law in the constitution. The property right in the case of public power against the private property, whether the legal system or the administrative law enforcement in life or the last strong judicial practice which is the legal guarantee, It is very weak, people want to have independent and safe personal space and social security, political stability, sustained and healthy development environment, hope that we can realize the integrated protection of private property, private property and public property But the reality that we are the lack of public law guarantee for private property, the loophole of this law has become a hindrance to the development of social economy and the construction of the rule of law in our country The stumbling block of the exhibition is that the students fear that social emergencies occur in the contradiction of the rich and the poor, so the study of private property rights has very important academic and practical significance. However, the protection of private property rights will not be generated automatically, and we must be academic and In practice, enough attention should be paid to it, otherwise, it will lead to the frequent occurrence of property tort due to the lack of strong legal backing of private property rights, thus leading to a series of social problems, which can lead to outflow of property and present society. These problems have arisen, the purpose of this paper is to protect the realization of civil rights under the circumstance of legal protection of private property, advance the country according to law, correctly clarify the relationship between property right, social obligation and public power, and only clarify this series of relations. From the point of view of the present position, more from the practical point of view, only the combination of theory and practice can mobilize the enthusiasm and creativity of the masses of the masses.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D921
本文编号：2276159
[Abstract]:The legal protection of private property rights of citizens has already reached a consensus in all countries of the world, and the legal protection of the private property rights of citizens has been written into the Constitution and laws and implemented by the world economic power. The Constitution of our country establishes the legal protection for the private property right of citizens, which is the inevitable trend of social development, and lays the foundation for the construction and improvement of our legal system. The legal protection of private property of citizens should pay attention to the following points: the basic idea of constitutional supremacy must be firmly established; the different concepts of private property rights and private system must be deeply understood; It is necessary to further improve and perfect the system of protection and the cultivation of citizen's right consciousness and sense of responsibility, but only in the period of social transformation of our country, the rule of law social order can be successfully constructed successfully. The private property right is the guarantee of human rights, its existence proves to have a certain legitimacy and has a profound social idea foundation, because the cultural background of the east and the west exists in many ways and the huge difference causes people to treat the idea of private property right The reason is that the Chinese and the western society has a great difference in the concept of rights, Renyi serves as the starting point of the cultural logic of our country, and the West is the starting point of the logic, and the western culture is the spiritual characteristic of our culture, and the western culture is famous for utilitarianism. As the highest authority, the individual is the standard of the western culture, and the ultimate authority opposes the legitimacy of the real law. From the difference of the above ideas, it can be seen that, if the rule of law society is to be constructed successfully, we should deeply explore the people in the traditional Chinese culture in the construction. The spirit of this kind of spirit is combined with the western right culture in order to cultivate the culture that can make the country's property right healthy. In today's China, the changes of private property rights have been carried out several times in China. It is found that the urgency of the protection of private property is more common than before, but many people have a view of whether the constitution should guarantee private property and the corresponding private property right. The scholars basically think that the constitutional right should be the basic right of the citizen, but there is a great difference in the specific understanding of basic rights, and most scholars fail to distinguish the property rights and civil law in the constitution. The property right in the case of public power against the private property, whether the legal system or the administrative law enforcement in life or the last strong judicial practice which is the legal guarantee, It is very weak, people want to have independent and safe personal space and social security, political stability, sustained and healthy development environment, hope that we can realize the integrated protection of private property, private property and public property But the reality that we are the lack of public law guarantee for private property, the loophole of this law has become a hindrance to the development of social economy and the construction of the rule of law in our country The stumbling block of the exhibition is that the students fear that social emergencies occur in the contradiction of the rich and the poor, so the study of private property rights has very important academic and practical significance. However, the protection of private property rights will not be generated automatically, and we must be academic and In practice, enough attention should be paid to it, otherwise, it will lead to the frequent occurrence of property tort due to the lack of strong legal backing of private property rights, thus leading to a series of social problems, which can lead to outflow of property and present society. These problems have arisen, the purpose of this paper is to protect the realization of civil rights under the circumstance of legal protection of private property, advance the country according to law, correctly clarify the relationship between property right, social obligation and public power, and only clarify this series of relations. From the point of view of the present position, more from the practical point of view, only the combination of theory and practice can mobilize the enthusiasm and creativity of the masses of the masses.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D921
【引证文献】
相关硕士学位论文 前1条
1 任卫红;论我国刑法对公有、非公有经济的平等保护[D];兰州大学;2012年
，本文编号：2276159
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