National Ownership Theory Study

This essay includes: Perface, Mainbody consisting of 5 parts and Conclusion.Through dealing with the different regulations of STATE PROPERTY RIGHT.in the two pieces of Proprietary Rights Drafting Act of P.R.C, Perface.points out the new characteristics of theoretical research in STATE PROPERTY RIGHT.The first chapter introduces the double challenges to concepts and characteristics in contemporary STATE PROPERTY RIGHT at the beginning, then it concerns about the definition methods of ROMAN LAW , and finally,it puts forward the basic types of STATE PORPERTY RIGHT from the modern times: STATE PORPERTY RIGHT OF PUBLIC ASSETS and STATE PORPERTY RITHT OF PRIVATE ASSETS.The second chapter, on the basis of inferring the essence of private right into formal private right, expounds and proves the private right characteristic of the main public property-property for public use ; furtherly, through discussing the property relationships of property for public use in such as BOT and the same other investing patterns, gets the conclusion of the different tiers and the dividing nature in the setting and maintainance relationship of property for public use.The third chapter, analyzing the property right relationship between the main state property right of private assets-enterprises' property and state, comparing the different understanding of the division theory of enterprises' property right and operation right in eastern and western countries, gets the conclusion that State can be titled with the collective property of enterprise, and the enterprises itself(legal person) can be titled with the concrete property, but ,the author wants to mention that: the division theory is not the appropriate method to resolve the problem.The forth part, as the alternative method of the division theory of enterprises property right and operation right, the separation of administrativeauthority and state property right is also cant achieved,wnich lies in the undivided characteristic of political personality and civil personality of State. The administrative authority of State has transfered into conduct capacity of public legal person. So ,the alternative should be the one making state legal person's governance perfect through limiting the conduct capacity of state.The fifth part, through the dualism hypothesis of citizen society and political state and the requirment of this hypothesis, puts forward that the state's acquiring property right is the inevitable result and remedies of citizen society's undistribution, but ,at the same time, there exists the possibility of endangering the balance of the dualism hypothesis. So ,it is necessary to make adjust of the number of state property right to ensure the adjustment of the balance between the citizen society and the political state.