On The Use Of Public Property

As an important part of welfare of Administrative Law, the public domain has been recently focused on by the Chinese Administrative law scholars. The original topic of the public domain law is "what is public domain." Introducing the foreign doctrine of public domain may broaden the vision of scholars, but may not completely solve the Chinese public domain. The Chinese public domain can be defined as the property which the public authorities have directly or indirectly provided to the public persistent use. The public domain is dominated by the human being, so, the core of the public domain law is the use of the public domain. According to the fundamental classification, the use of the public domain is really related to the public use of the majority. The highway is the typical example of the public domain. However, the scholars could not take the highway seriously. To clarify the different type of the highway and analysis the different regulatory mode is an elementary work.Chapter I was the fundamental theory of public domain. The public properties can not be easily clarified from the private, as the public law to the civil law.Chapter II was focused on the concept of public domain of the foreign research, including four elements.Chapter III summarizes the different concepts of public property in Chinese legal system, and reconstructs this concept, basing on the comparison of the different concepts of public property in foreign laws.Chapter IV summarizes the general principles of public property use, and focuses on the using relationship difference between public property law and private law. Basing on Highway Law, Law of Administrative Licensing, Regulations of toll roads, Regulations of Highway safety and so on, the writer uses the theory of explanation to deconstruct and reconstruct the public property use relationship.Taking highway use as the core, Chapter V divides highways into different categories and analyzes different kinds of highway administrative organizations. Then, after introducing "The first case airport expressway", the writer concludes the major viewpoints on highway-use relationship of civil law scholars, administrative law scholars and practical departments.