Research On The Public Easement In The Management And Maintenance In Our Rural Public Facilities

There are some problems commonly in the management and maintenance after construction in our rural public facilities.Such as “construction,management,use ”disconnect,property rights are obscure and the absence of managers.Because of these facilities' public attributes,most of the current legal institutions follow a single adjustment of the public law.Although the private-law adjustment is more or less introduced to the new mode of management and maintenance,the lack of overall institutions guarantee makes it stay at the level of the convention between government and peasants.The obligation is lack of stability,making it impossible to establish a stable and long-term relationship of management and maintenance.Following the trend of privatization of public law and cooperative governance,public easement is a private-law institution with public characteristics.In clarifying the obligors of management and maintenance in rural public facilities,introducing the Incentive mechanism,the public easement corresponds to the management and maintenance of rural public facilities.The thesis begins with the basic attributes of rural public facilities.Through an empirical investigation of the management and maintenance in rural public facilities,many disadvantages are observed in the current institutions.With the comprehensive application of “Tragedy of the Commons”,the property rights theory,the theory of integration of public and private law,the out of style in the single adjustment of the public law and the necessity of introducing private –law mechanism are justified.As a result,it's necessary to establish public easement with a core characteristic of private-law mechanism.On the other hand,on the basis of clarifying the contents of public easement and the private-right positioning,through the newly development of public easement,the Servitutes theory is applied to illuminate the “positive action” dimension of public easement.Therefore,the positive obligation in management and maintenance is included in the public easement institution.The last,through the comparative analysis of public easement institutions in the typical countries and using it as samples,the thesis constructs the public easement in our countries based on the private-right mechanism.