What Is an Extensive Property?

Property rights and human civilization are interactive, that is, property rights promote the development of human civilization. The foundation of China's economic system is the socialist public ownership of the means of production, which is beyond doubt. But at the same time we cannot ignore the protection of private property. The statement of the 16th CPC National Congress on "Improving the Legal System for the Protection of Private Property" and the draft Civil Code regard state-owned assets and private property as equal objects of legal protection, confirming the protection of private property rights in China. Article 13 of the Constitution of the People's Republic of China clearly stipulates that citizens' legitimate private property is inviolable. The state protects citizens' private property rights and inheritance rights in accordance with the law.

Property rights, ^[1]

Property rights include property rights and debt rights .

Since China's reform and opening up,

Equal protection of property rights

Under the current conditions, in order to rapidly improve China's overall national strength, promote the improvement of social productivity, accelerate the pace of market economy development, and promote China's legalization of the protection of private property, the comprehensive For effective protection, relevant laws need to be improved as soon as possible in the following areas:

Research on Property Rights in the Perspective of Western Constitutionalism

Equal protection of the legal property of various subjects. Equal protection is the legal manifestation of the inherent requirements of a market economy. It is necessary to emphasize the dominance of public ownership, but equal protection of public and private property is required by the market economy and the embodiment of the spirit of the socialist rule of law. Only by achieving equal protection, establishing property order and transaction order, and promoting the development of the market economy, will it be conducive to the development of public ownership. Of course, from the basic spirit of the Chinese Constitution, the legal property of citizens is fully protected, but in relevant legal documents, there are indeed some unreasonable provisions on the protection of individual economy and private property. Investors are both owners of private property, but there are differences in protection. In order to strengthen the equal protection of public and private property, the Chinese Constitution should clearly stipulate that as long as citizens' personal property is obtained through lawful channels, it should also be sacred and inviolable. In addition, company law, property law, contract law, Bankruptcy law, tort law, and other related laws are as far as possible in the acquisition and transfer of property, the establishment and merger of companies, and the bankruptcy of companies, the purchase of stocks, the issuance of bonds, the acquisition of assets, and the remedy of property damage. To protect public and private property equally.

Comprehensive protection of property rights

Comprehensive protection of citizens' legal property. Protecting property is a common task of various Chinese departments, so we should also start from various aspects in improving the law on the comprehensive protection of private property. First of all, the constitution should clearly stipulate the duties and powers of the judicial organs to protect private property rights, improve the mechanism of the court's independent exercise of judicial power, and protect it from interference by any administrative organ, local, individual, or unit. , Collection, fine, confiscation, taxation, etc. Of course, the constitution should also stipulate that the expropriation of citizens' private property can only be carried out in strict accordance with legal procedures for the public interest of the society, and appropriate compensation must also be provided.

Fair competition of property rights

Create a legal environment for fair competition for the development of individual economies. Fair competition is a necessary condition and environment for the development of individual economies, and an important part of a market economy. Because the old and new systems still coexist, various economic relations have not been rationalized, and an environment for fair competition has not really taken shape. For individual economists, although they have the characteristics of flexibility, autonomy and adaptability in the competition, they still have many constraints in the competition. Starting from the rapid development of China's productive forces and the improvement of China's overall national strength, laws that foster individual economies should be enacted to encourage and allow individuals to engage in higher business activities that benefit the national economy and the people's livelihood as much as possible, and minimize restrictions on individuals' business scope and other aspects. At the same time, a fair competition law should be enacted as soon as possible to protect the legal competition behavior of various subjects and prohibit all kinds of unfair competition behaviors, so that the private economy can rapidly develop and grow in the legal environment of fair competition.