摘要
The right to own private property is an important fundamental right enjoyed by individuals. However,such an idea had not been introduced to China until the early 20th Century. Thereafter,the right to private property has assumed an important role in the constitutional practices and theories in China. Since the establishment of the People's Republic of China,five constitutions have been adopted in succession. Most of them shed light on the protection of such right. Nevertheless,for certain reasons,the provisions on private property rights have experienced great upheavals since 1949 and were not well-protected until the latest amendment to the Constitution of 1982, enacted in 2004. Though according to the original provision of the Constitution of 1982, private property was not entitled to the same equal protection of law provided to public property. With the development of the Chinese socialist market economy,there was an increasing demand for amending the Constitution to protect the right to private property. The current Constitution of China has been amended four times,and all of them re-evaluated the protection of the right to private property. The protection of the right to private property has thus been enhanced and strengthened.
私有财产权是公民的一项重要的基本权利,但这一概念直到20世纪初期才传入中国。此后,私有财产权在中国的宪法理论与实践中发挥了重要作用。中华人民共和国成立后先后颁布的《共同纲领》和四部宪法都对所有权或私有财产权的保护作了规定,然而由于种种原因,有关私有财产权的宪法条款经历了一些变动,直到2004年现行宪法最新一次修改,私有财产权才得到充分的保护。1982年宪法通过时并未明确给予私有财产权与公共财产同等保护,但随着社会主义市场经济的发展,修改宪法、加强私有财产权保护的呼声日益高涨。现行宪法迄今共进行了四次修改,每次修改均涉及私有财产权保护问题,这使得宪法对私有财产权的保护更加完整和充分。
