A Study On The Legal System Of Common Public Interest

Although the commons has already existed, the value is just beginning. The purpose of studying the commons and the commons right is to protect the basic human right of citizens, and guarantee a complete and perfect legal system. The studying of the commons and the commons right can not be waiting.The first, place in the commons as the breakthrough point, compared with the property law in general, elaborate what is the commons, the origin and the essential reason of commons, then introduce the type of commons and new form of extension, and compare the commons with the whole property, the collective property, public resources and public official of the distinction between related concepts. The second, based on the overview of the commons right, introduce and describe the commons right in detail, from the ownership right and using right two aspects, conclude that the dual structure theory of the commons and private ownership property of the commons. The third, the commons ownership right can be divided into clear reason and the necessity of existence and ownership of private ownership. Introduce the commons using right from the principle, the human rights value and generally free using two aspects. The last, based on conservation and management of the commons right, simply describe the function of state organs, this is the commons and the commons right to exist and run state guarantees.Using comparative analysis, historical analysis and the methodology of positivism, to make a whole description about the commons and the commons right, it is a basic introduction to the commons right; conclude the dual structure theory of the commons and private ownership property of the commons. The dual structure theory of thinks that the commons right is a right that private law is predominantly and public law is complementary, its ownership right and using right in public law and private law within the territory of the share, but this does not affect the commons of real right of property rights in general, and put forward to successive analysis, layer upon layer of this structural quality. The commons private ownership theory has been the commons final positioning of the right to the use, is the reason that the commons content use fixed property law.