宪法财产权与国家义务

CONSTITUTIONAL PROPERTY RIGHTS AND THE OBLIGATION OF NATION

财产权的保障并非只有消极等待宪法,但宪法财产权规范并非可有可无。民法和宪法都有保障财产权的制度,但两者之间是有区别的。宪法财产权规范的意义在于它确立了国家的积极和消极义务,首先是立法机关的义务,即立法作为与立法不作为的义务。宪法财产权规范的确立对立法而言具有重要的政治意义与法律意义。

Though it is not that the guarantee of the property fights can only wait for the constitution passively, it does not mean that the proprietary norms of the constitution are not essential. Both the civil law and the constitution possess relevant systems to guarantee the property rights, but between which there are great differences. The importance of the proprietary norms of the constitution lies in that it has established the active and passive obligations for the nation, which is one of the parties. The first obligation belongs to the legislature departments, namely active and passive legislations. As for the legislation, the establishment of the proprietary norms of the constitution is significant both politically and legally.