社会主义市场经济与社会主义计划经济是两种存在实质差异的经济体制， 1993 年《宪法》修正案正式确认中国实行社会主义市场经济。实行社会主义市场经济， 首当其冲的是如何对公民的私有财产权进行有效保护， 又能够使以社会主义公有制为主体的经济基础不受削弱， 促进社会主义市场经济按照其内在的规律健康发展。本书主要以农民土地财产权保护为线索， 对社会主义市场经济条件下私有财产权保护问题从马克思主义理论、法学、政治学、经济学等多学科相交叉、相结合角度进行系统的研究。

Socialist market economy and socialist planned economyis two different economic systems China has experienced great change and institutional transformation from the “planned economy”， the “planned economy with market regulation supplement” to the “socialist market economy” over the past few decades In 1993，the constitutional amendment confirmed formally that country would implement socialist market economy To implement the socialist market economy， what the most important thing is how to treat the citizen private property rights correctly Looking from the socialist market economys intrinsic request and the law of development， while insist the socialism public property rights free from aggression， at the same time， set up the idea that the citizen private property rights free from aggression， has vital role to establish true and perfect socialist market economy Duringthe socialist market economys practice， the idea which opposes the public property rights and the citizen private property rights has widespread influence in the cadre and the populace， many people still think that to strengthen the private property rights means the socialism factor weakening， thus some behaviors which do not favor to build socialist market economy appear in reality Under the socialist market economy condition， how to protect effectively citizens private property rights， and also prevent from economic basis with the socialist system of ownership weakened， to promote socialist market economys healthy development according to its intrinsic rule， it is a significant theory question and realistic question including the Marxism theory， the politics， the economic， the sociology， the legal science and so on different discipline face to Current educational world have not completely consistent understanding to this question， the research needs thoroughly Therefore，the paper plans to study form the angle which the Marxism theory，the politics，the economic，the legal science and so on multi-disciplinary overlapping，unifies，especially under Marxism legal science angle system research socialist market economy condition private property rights protection question Under the thorough analysis socialist market economy condition the citizen private property rights protection strengths reason，the system does not comb and excavates under the socialist market economy condition the citizen private property rights protection rationale and the practice foundation，further promulgates the socialist market economy from the scientific theory with to protect the citizen private property rights the intrinsic connection，and puts forward the concrete countermeasure proposal The paper constitutes by five chapters including the introduction and the textual material，its basic structure is as follows：The introduction mainly explains the significance of selecting topic and research commentary that the private property rights protection under the socialist market economy condition To research elaborately the practical significance，domestic and foreign research present situation，concrete research mentality，research technique and innovation and so on about the private property rights protection under the socialist market economy condition The 2nd chapterthe main explanation about private property rights protection historical evolution and practice foundation under socialist market economy condition Take China reform and open policy as the historical beginning，embarks from the socialist market economy and the citizen private property rights reciprocity，the private property rights protection’s historical evolution under the socialist market economy condition is divided three historical stages They are： Socialist market economy exploration time; Socialist market economy establishment time;Socialist market economy perfect time On the basis of analyzing scientifically private property rights’ evolution，analyzes the characteristic and the rule of the private property right’s evolution at each historical stage Has carried on a subsystem combing from historical and the practice angle to the private property rights vicissitude，and lays the solid foundation for the paper following research The 3rd chapterthe main explanation about private property rights protection rationale and theory development under socialist market economy condition Marx about the private property rights protections basic philosophy，as well as the Chinese Communists about the private property rights protection thought that these has the major impact on the Contemporary China citizen private property rights protection policy，constitutes together the rationale of protecting the citizen private property rights today under the socialist market economy condition And，Marxs private property rights protection thought is the same with Marxism theory，which instruct the China socialism development total direction，with methodology significance Mao Zedongs treatment about the private property and encouragement about the private property the early years of the new nation，also has certain positive sense to China socialisms development and build socialism market economy today Deng Xiaopings private property rights thought has being passed through reform and development process of China，has important foundation function and long-term guiding sense to the socialist market economys development The partys third generation Leaders taking Jiang Zemin as the core have recent development to the private property rights protection theory，the recent development has influential role to socialist market economy establishment The new session of Central Party Committee taking Hu Jintao as general secretary，in the new century，in the new stage，has appeared one after another a series of about the private property rights protection new policies，which develop the Chinese characteristic socialism theory about protecting the citizen private property rights theory，and have vital significance and function to further consummate the socialist market economy Since the reform and open policy，the thought，theory and policy of protecting the citizen private property rights under the socialist market economy condition that the party has formed is the theory basis of private property rights protection，and is the important component of Chinese characteristic socialism theoretical system，and is the recent development of the Communist Party of China to the Marxism The 4th chapter mainly explained the intrinsic connectionbetween socialist market economy and the private property rights protection This article thinks that the socialist market economy is one kind of the market economy，to study the private property rights protection question under the research socialist market economy，it is firstly need to analyze the market economy’s connotation and attribute，and to excavate the dialectical relations between market economy and the private property rights protection from the root At the same time，to analyze comparatively capitalism market economy conditions private property rights protection history，the characteristic using comparison research technique，points out that it the private property rights protection nature is different with the socialist market economy condition，simultaneously，from the market economy and property rights general relationship analysis the function that it to the socialism On the premise and foundation，it studies the private property rights protection under socialist market economy condition Thought that the socialist market economy is one kind of the market economy，thus the socialist market economy should have market economy each kind of attribute The socialist market economy has nature difference from the capitalism market economy，under the socialist market economy condition's private property rights protection has its own characteristic The5th chapter the main research the improvement and insufficient about the private property rights protection in China Since the reform and open policy， Chinas private property rights protection already has the significant progress The Fourth Amendment to the Constitution in 2004 which only protected the citizens legitimate property ownership， and by the now， which protect all the legitimate private property it is self-evident that the range is very wide compared to the previous “Property Law” stressed the state， collective and private propertys equal protection To ensure the compensation of land acquisition and demolition arrived， the “Property Law” has increased some provisions and refined some relevant provisions However， the protection of private property rights still has many problems In the development of non-public ownership economy， it still exists some questions such as market access with discrimination; the right of equal competition restricted; vast majority of small and medium enterprises facing the shortage of funds and other issues In the farmers land property rights protection， the public interest expressed abstract， low land requisition compensation and other issues The 6th chapter the main research the countermeasure about the private property rights protection under the socialist market economy condition Since the reform and open policy，Chinas private property rights protection already has the obvious progress But the current private property rights protection in aspects and so on idea，policy，system also has many problems This article thinks to solve the problems that private property rights protection under the socialist market economy condition，mainly must work from four spots： first，get rid of the “leftist” ideological obstacles Establishing a correct ideological and property rights protection;second，to overcome the influence of traditional ideas To overcome the “ethical code”，“supreme imperial power”，“Justice & Benefit”，“lawsuit”，“selfless sons and daughters of wealth”，“Restraining Commerce” the ideas constraints on private economic development;Third，it is necessary that the rule of laws cultivation It is particularly the infiltration of government rule of law;Fourth，to propose some specific analysis and recommendations on the protection of private property rights from the specific system reform Keywords： Socialist market economy;Capitalism market economy;private property rights;the rule of law

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