Abstract:
The non-public economy has provided an important driving force for China’s economic and social development. But due to the interaction of multiple factors such as history and reality, there is currently a certain prejudice against non-public property rights in China in the ideological field, and the relevant legal rules may implement differential governance of property rights based on ownership. A series of policy documents, represented by the Opinions on the Protection of Property Rights , emphasize the need to “improve the property rights protection system with fairness as the core principle”, with the intention of using the rule of law for property rights protection as an entry point to comprehensively confirm the equal status of non-public and public property rights. The essence of the shift from property right to property rights is to expand the scope of protection of citizens’ property rights. To this end, the normative expression “legitimate private property” should be interpreted in a restrictive manner. In order to further achieve the corresponding policy objectives, the constitutional rule of equal protection of property rights should be established and, on this basis, the self-regulation and independence of the private law order should be respected to the greatest extent possible.