On the Principle of Equal Protection in the Legislation of Jus Rerem
Journal of Shanghai University (Social Science Edition)
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ZHAO Wan-yi
School of Law, Shanghai University, Shanghai 200444, China
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Abstract:
The equal protection of jus rerem not only stems from the principle of equality of civil law, but also reflects on the idea of autonomy of private law, the economic foundation of which lies in the market economy. It is the core of the carryingout of the equal principle to respect fully and protect strictly the right of private property, and the crux of which is to regulate the governmental actions concerning the private property. While the principle keeps identical to the constitution of China, it doesn't contradict with distinguished legislation of the subjects of proprietary right. And its focal point is not to protect the rights of minority but to protect the common interests of the whole society.
Key words: equal protection, principle of equality, autonomy of private law, legal protection
legislation of jus rerem
CLC Number:
D921
ZHAO Wan-yi.
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