Research On Legal Issue Of Public Property's Use

In modern society, the theory and practice of building the government of law, service has long been generally accepted. Therewith, public administration, payment administration and welfare state-the core words have gradually entered people's vision. Along with reform of public administration and appearance of welfare state, the function of world's governments is transforming similarly. The proportion of service administration and payment administration is increasing day by day. Construction of service government has become one of the essential targets of public government reform.Public property, as the main important administrative means of administrative activities, is of great significance and value in payment administration. Nowadays, in administrative area of research, public property and its system have become an important direction of the research of administrative law. Research of public property and its system which established a set of concepts and techniques is a major development of administrative, with enriching and expanding its scope and content. The theory of public property which is the foundation of the public property's management, use and compensate for damage is an important part in the true life, and it also can avoid the abuse of public property and the corruption, guarantee people's right. 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, in a long time, our academic field has ignored the study on public property, which is really negligence. Because of the importance of public property system and the lack of public property system's study in our county, we confront how-do-you-do. The thesis methodically studies public property and public property system's concept and theoretical basis, analyze public property systems of representational areas of continental legal system, then point out some serious problems of theory and practice in public property system in our county. Several suggestions and further given of perfecting our public property system. The thesis consists of five parts. Chapter 1: theoretical basis of public property and its system. This is the part of the theoretical stage. This part introduces the "public property" in the relevant historical theoretical research system from western counties to China, points out the practical and theoretical significance, status and value in China. Chapter 2: the concept, composing and categories of the public property. On the basis of logical analysis of legal criterion, this part introduces the concept of public property in the nation or territory of continental law system, brings forward the concept description. Besides, this part exerts itself to analyze the consideration factors and negative limit when definition of the concept and also discriminate between public property and some analogous concepts as state property, administrative property, infrastructure, public goods, public property and so on. Chapter 3: issue of use rights in administrative legal relationship of public property. This part draws an outline of use rights in administrative legal relationship of public property; explain this issue in normal use, permissive use and special use of public property from two aspects: common property and administrative property. Chapter 4: the guarantee and remedy of administrative legal relationship of public property. From the empirical perspective, this part puts forward the relief channels for the rights on law of public property; purposefully introduce the legal present situation and the oversight of legislation and propose the principle and approach of remedy, to ensure the realization of the right. Finally, in the conclusion part, the thesis points out clearly the anticipated goal and the actual effect of the public property system.In a word, we should consummate the legislation on public property system, and pay more attention to it, and then the public property can study further systematically. Thus we can enable the public property to display well its function of public use and public service in practice, and then play an important role in the construction of serving government.The main researching methods adopted in this thesis are comparative analysis, historical analysis, logical analysis and case analysis.