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Constitution must protect private property rights objects ----


In the Chinese Constitution is not the concept of private property. Our country is divided into several so the property: state property, collective property, joint property, owned property, personal property. Mass of state property,[link widoczny dla zalogowanych], collective property is inviolable is certain, is recognized by law. While other types of protection are often reduces the other times. According to the views of many of today's jurists, private property rights is a matter of property ownership. With the reform and opening up, China for the world; to join the WTO China and the world closer together. Economic sphere, state-owned, collective components continue to decrease, while relatively speaking, the composition of the growth in private, but also substantial growth! So we need to legally establish the concept of private property, from the legal protection of private property. Otherwise, it is bound to affect our economic development. May wish to think about trading in one country after the property received no legal protection, that is in violation by the State or others later may not receive legal protection, then you can be in such a country to develop your career it? You live in this country can say do not worry about it? The protection of private property and economic development is not only linked, but also this is and the realization of the constitutional protection of human rights and linked it! Let us first look at an example: 1999 年 9 8, Hou Ruichang rights disputes in the Beijing Second Intermediate People's Court hearing a civil court for the first time. Case the plaintiff is a citizen Hou Ruichang, the defendant is Beijing Civil Affairs Bureau. Statement to the court, according to the plaintiff Hou Ruichang: February 1988 Hourui Chang and Huang small group of voluntary investment of 37,[link widoczny dla zalogowanych],000 yuan and others, the formation of cooperative organizations, economic entities of municipal construction and has contracted projects. March 1988,[link widoczny dla zalogowanych], plaintiffs reached with the Beijing Civil Affairs Bureau building at the horizontal joint agreement: to build a consortium with the Civil Affairs Bureau,[link widoczny dla zalogowanych], the Bureau of Civil Affairs is responsible for municipal engineering company incorporated in the Commonwealth, the plaintiff is responsible for the operation of the Commonwealth, the plaintiff Civil Affairs Bureau, 10 million yuan each year to the annual increase of 10% -50% of the interest charge. Taxes paid to the state of political and civil affairs bureau to ensure that the interest charges later, all the remaining assets are owned by the plaintiffs. In both municipal engineering company jointly incorporated before borrowed from the Bureau of Civil Affairs Bureau of Civil Affairs is responsible for the company's official seal and license Jian, and pay for the operation of the Commonwealth of tax matters. Thereafter, from April 1988 to August 1995, the consortium completed a total output value of more than 8,000 million public works, taxes and fees paid to the state 460 million, 2.13 million fee to pay interest Bureau of Civil Affairs. Development of the Commonwealth of assets to more than 1400 million. July 1995, Business Administration, Chaoyang District, the direction of the plaintiff to declare the establishment of \state-owned property seized accounts, the audience, the work of the Commission powers to take over the Bureau of Civil Affairs. And counterclaim defendant Bureau of Civil Affairs, said Hou Ruichang I am the official national cadres, the work undertaken within the scope of normal work duties, there is no personal investment, personal nature of business, does not recognize Hou Ruichang Building and Civil Affairs out of reach of the \From August 1997 to April 1999, Hou Ruichang 5 has made to the Beijing Second Intermediate People's Court filing applications, 44 were 4 times before being dismissed, 5th application was finally accepted by the court. 1999 年 12 29, the Beijing Second Intermediate People's Court of Beijing Municipal Civil Affairs Bureau building on Hou Ruichang v. occupation of the property rights case at the fifth trial,[link widoczny dla zalogowanych], after the plaintiff, defendant, the mutual cross-examination, the collegial panel adjourned collegiate, the presiding judge announced the verdict: the case of state-owned assets should be handled by the Board, the Court did not go, you can appeal against. * (Case can be found in the \2 is obviously against the individual rights and the international Convention on the generally accepted world view contrary to human rights protection. In this time he could not find the available laws to protect, can not find the set is not good to claim their rights. Why is this? Our legal system is so inadequate, how we say the rule of law, democracy? Even how to talk about a constitutional government it? More articles related to topics：


[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]