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CONSTITUTIONAL PROTECTION OF THE RIGHT TO PRIVATE PROPERTY IN CHINA
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作者 韩大元 Liu Jianlong 《China Legal Science》 2013年第1期6-29,共24页
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 ... 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. 展开更多
关键词 私有财产权 PRIVATE CONSTITUTION DOCTRINE guaranteed SECTOR violate 理论与实践 《共同纲领》 earned
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