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在大部分官司中争议的焦点问题之一就是宪法财产权,而关于宪法财产权的争议则在于宪法财产权的明确含义和权利保护范围,明确这两个因素对解决官司争端具有重要意义。我们常说的财产权分为宪法财产权和私法财产权,但是学术界往往将这两种财产权都作为宪法财产权,这种做法显然有失妥当,因为这种定义方法忽略了法律和宪法之间的位阶关系。本文将就宪法财产权的保护范围展开探讨。
One of the most controversial issues in most of the lawsuits is constitutional property rights. The controversy over the constitutional property rights lies in the explicit definition of the constitutional property rights and the scope of protection of rights. It is clear that these two factors are of great significance in resolving the dispute over the lawsuits. We often say that property rights are divided into constitutional property rights and private law property rights. However, academics often regard both of these property rights as constitutional property rights. This is obviously not proper because this method of definition ignores the order between law and constitution relationship. This article will explore the scope of the protection of constitutional property rights.