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在美国,财产权是人权体系的核心,但是,财产权作为个人权利与政府权力之间的界限却发生着位移。财产权的去神圣化是美国根据发展了的社会实际做出的必然选择。自建国以来,自然法为社会价值和法律体系提供基础,财产很“自然地”被赋予了一种神圣的性质。上世纪30年代,财产权的传统概念受到挑战,表现出更多的社会性。财产权的社会性确立之后,公共利益就可能对财产权的权能形成制约。财产权的内在属性决定着权力介入个人权利领域的必要,并制约着权力的运行,从而在权利与权力之间达到一种平衡。
In the United States, property rights are at the core of the human rights system, but there is a shift in the boundary between property rights as the individual rights and government power. The deconstruction of property rights is the inevitable choice of the United States based on the developed social reality. Since its founding, natural law has provided the foundation for social values and the legal system, and property has been given a sacred character “naturally.” In the 1930s, the traditional concept of property rights was challenged to show more sociality. After the social property right is established, the public interest may restrict the power of property rights. The intrinsic nature of property rights determines the need for power to intervene in the area of individual rights and restricts the operation of power so as to strike a balance between rights and power.