Research On The Special Use And Its Permission Of Public Property

Public property-as an important means for the administrative officer to perform public administration, therefore it should be a significant part in the administrative law. However, for a long time, our academic field has ignored the study on public property, which is really negligence. The legal relationship of the use on public property is the core of public property. And the special use of public property, which is beyond the original scope of public property, it becomes the most difficult field in practice. To prevent the harm on the normal use of public property, the theory setup a special permission system, this calls permission on special use of public property. This paper aims to: in the foundation of foreign study, discuss the basic theory of the special use of public property and its permission. And then for the sake of looking for and solving problems, the paper proposes some ways to control the permission on special use of public property.There are four chapters in this paper. Chapter one redefines the sort of the use of public property, and then after looking into foreign theories and analyzing actual examples, establishes the criterion of special use and normal use of public property. Chapter two discusses two ways of permission on the special use of public property, and also its permission in the public law and approving in the private law. Chapter there reviews the study situation and legislation situation in China and analyses many typical cases in practice, in the end indicates that the most important point of such cases is lack of control on the permission of special use of public property. In the last chapter of this paper, the writer selects the case of the setting of rode side parking space, discusses the quality of this behavior, puts forward that it is a administrative behavior for certain properties and it is a special administrative permission. Finally this paper suggests many ways to control the permission on special use of public property; they are to follow basic principals, to set control system in both substantiality and procedure, to improve relief approach.