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公民财产权体系是一个不断成长的体系,在历史的生成中的一个标志就是对“公民新财产权”的凝练。基于国家福利职能发展起来的公民新财产权具备了财产权应该具有的公法意义,在修正传统的财产权所承载的国家和个人之间关系的同时,凝练出其作为公民基本权利的征象和品格。随着中国国家福利职能的发展和依法治国的长足进展,新财产权在中国具有了保障性、私使用性和自行给付的特征,具备了中国语境下的人权的同质属性,新财产权成为公民基本权利体系不可或缺的重要组成部分,并呼吁宪法的关注和正当规则的构建。
Citizens’ property rights system is a continuously growing system. A symbol of historical development is the conciseness of “new property rights of citizens.” The new property rights of citizens developed on the basis of state welfare functions have the significance of public law as property rights. While amending the relationship between the state and the individuals carried by traditional property rights, they conclude their appearance and character as basic civil rights. With the development of the national welfare function in China and the rapid development of governing the country according to law, the new property rights have the characteristics of guarantee, private use and self-payment in China, have the same characteristics of human rights in the Chinese context, and the new property rights become citizens The essential rights system is an indispensable and important part and calls for constitutional attention and the construction of proper rules.