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北京市有关部门发布的交通“限行令”不仅在实体上侵害了公民的私有财产权,而且在程序上违法。私有财产权保护在2004年被写入宪法,宪法要划分好私有财产权和公共利益的界限,使私益和公益处于动态的平衡之中。此外,对私有财产权的保护还要注重加强程序法制的建设,完善在征收、征用方面的补偿制度,只有这样,才能把对私有财产权的保障落到实处。
Traffic issued by the relevant departments in Beijing not only physically infringes citizens’ private property rights but also is procedurally illegal. In 2004, the protection of private property rights was incorporated into the constitution. The constitution should divide the boundaries of private property rights and public interests so that the private interests and public goods would be in a dynamic balance. In addition, the protection of private property rights should also pay attention to strengthening the construction of the procedural legal system and perfecting the system of compensation for expropriation and expropriation. Only in this way can we guarantee the protection of private property rights.