The Research On Administrative Public Property

This article discuss the administrative public property on the background of public administration and welfare state. In theory, on the one hand, the state is under an obligation to promote the development of social justice and improve the people's well-being and Provide social and personal development of the material conditions and social environment. The supply includes: water, electricity, gas.The state set health care facilities such as hospital in order to protect the health of citizens, maintain public health.The state set up schools,Library and vocational training facilities in order to promote personal growth and development.The state supply infrastructure of Transportation and communication in order to expand the scope of activities of civil society. All of that is to realize the citizens social rights which includes the right of life,ther right of education, labor right. The material carrier which as national supply means is be called public property and public infrastructure. From this level, the public property as security for all citizens of the benefits of one of the most important means plays an important role. On the other hand, public property, as the Chief Executive of the main tasks of the administrative structures and means There is, which part of the public property by the use of their main public power to serve the public purpose of the public and complete the task. Belong to the scope of such public property,includes real estate such as office buildings, movable property such as police and military equipment. Because this type of public property is not used directly for the citizens, so as not to focus on the subject of this article. From the perspective of reality,although existent public property legislation is decentralized,but these regulations have little concern on the right of people in the operation of public property and how to control the power of management public property. This has led to public property can not effectively protect the human rights of citizens in real life,such as the successive collapse of public property , the highway leading to obstruction of casualties in recent years. The using charges standard of public property has been affecting the lives of the citizens and property. Of course, in the running and development of the process, public property also show progress facet, such as the introduction of fuel tax cure a radical long-standing problem of highway chaos,realize the principle of equity in the use of public property. The national stadium-The bird's Nest using the PPP model,which can insure currency value and added value, at the same time to preserve and increase the maximum size of the rights and interests of the public, to achieve its commercial operation of public welfare and social unity.To sum up, regardless of which public property exciet social contradictions or examples of success, we should refine the general principles of public property using a whole tain of thought, s the main administrative system to regulate the administrative acts in the field of administrative public property.So that the public property can run in the way of the statutory and reasonable basis, to maximize the public interest, play the best administrative efficiency of public property. In this paper,with the original intention of Construction system in public property, to launch a series of discussion on foundation problem of public property.First,through the reference of civil law to analyze the definition of public property. Public property is that executive provide public property in order to main administrative purposes or public interst, using domination power of public law. In the concept, we can get the the various elements and core characteristics of public property. First of all, the hunan elements of public property. This means the scope of peolpe of providing public property. In the contemporary context of the new public administration, the provision of public property is the subject of a diversified, change the general trend of privatization, which includes not only the executive authorities, including laws and regulations authorized by the organizations, other non-state public organizations, public enterprises Institutions and even private. This was followed by the elements of the purpose of public property. The purpose of public property, including elements of public purpose and the purpose of the executive. The purpose of public emphasis on the character of non-exclusive,synchronization,direct benefit. The administrative purpose emphasized that realize publice interst through public using of publice property, in order to achieve the ultimate objective of the country. Public property is once again the power of the elements, which means the power cause of providing public property, that is executive have power of domination to public property.It is mainly composed of owership and management.Second, this paper in accordance with the time, reveal the theory backgroud of the study in public property. First of all, ancient world and foreign capitalist era of free countries have public property. At that time only the less-developed commodity economy, the country's political side is more prominent, but in order to meet the national military, financial and other basic needs, in the provision of local public property,the most of public property are naturally exist. The follow is that, during the stage of transition from liberalism state to rule by law to modern welfare state, the private property declines gradually, property sweep in a social way.Official business services and social welfare space is openning, the public property as carrier which take the public function has been entered into the outlook of people.Furthermore,when the times of welfare administration come ture, the scope and significance of public property have a meaning developmeng, as follows: they are very common, and is closely link to public functions, in the absence of the administration's continued involvement will not be able to play its role.Finally, the shortcomings of the welfare state led to the privatization of public utilities. In this context,the provide mechanism of public property has changed, the private sector to assume a large number of production facilities for the supply of public functions. The use of public property and way of management is also different from the past, many public services take a market-oriented way to buy and does not exclude providers can make a profit.Third, this article Systematically expound the important part from the set of public property to the using of public property,combinning the social example-the bird's nest to illustrate it. It is the foundation of standardized system of public property, leave it to an in-depth study in the future. The first place is setting public property. To set up public property, there are two conditions:go through the administrative means represent of beginning public use and actually use for public.The function of setting public property has three respect: determine the role of public law at the disposal of property, the purpose of determining the use of public property,the range of using public property.First and foremost is the reserve of public property, which is that executive or other Obligations organs in accordance with the normal use of the state of conservation to management and improve the public property in thier Responsibility range. Once again,that is the use of public property.In the use of public property,people should not be contrary to the mission of public use and reserve rules,and not allowed to impede the power of changing or cancelling the setting of public property. The executive should maximize the economic value of public property as far as possible,satisfy the mission of public use of public property and input the economic benefits from public property into conservation and management of public property,in order to ensure the healthy operation of public property and promote the use of the performance.Finally, protect and give relief to public property rights.In the operating process of public property,people should have the rights of supervision and participate.If people experience damage of body and property not because of their own personal cause in the process of using public property, the loss of thiers should be compensate by the state.