公民财产权的制度化路径——一个人权和宪政的视角

On the Systematization of Citizen’s Personal Properties Ownership

近年来 ,我国私有财产的法律保护问题一直受到经济学界和法学界的共同关注。公民财产权应当纳入强有力的法律保护体系 ,尤其是公法保护体系已渐成共识。而我国现有的法律制度存在着明显的缺陷 ,不足为公民财产权提供有效保障。本文从财产权制度及其意义出发分析了公民财产权的宪法保障和公法保护路径 ,以期促进公民财产权保护制度的完善。

In recent years, the educational circles of economic s and law have been concentrated in the legal protection of citizen's personal pro perties. It is a common understanding gradually that citizen's ownership of pers onal properties need channel into the legal protection system, especially the pu blic law system. But there are evident flaws in Chinese current legal system, an d it is unable to supply effective protection for citizen's right of properties. In this article, the authors analyze the property right system and its value, a nd definite the route of constitutional safeguard and public law protection of c itizen's ownership of personal properties. The article is in a sense beneficial for the perfection of citizen's properties right system.