Research On The Use In Public Resources Of Sole Possession

The topic of this paper is "Demonstration and construction of Use in public resources of sole possession" which derives from the different objects between country ownership and use.In Property law,use only exists in natural resources but public resources of sole possession.Such topic also have relation with the defaults of Act Administrative Licence which was unable to determine the meaning and the disposal of the public resources of sole possession.Such topic based on the theory of "Two Dimensions of Property Right"by Professor Meng QingGuo is demonstrated into three chapters:what?why?how.The first chapter "Defination of public resources of sole possession "focuses on the essence and scopes.Resources should be divided into two kinds:natural resources and public resources.The public resources share the features of manmade and public interests.The feature of manmade are shaped from construction and govern.The public interests are featured by the direct and unconcrete people as gainners.The natural resouces should be defintied by the body of the public resources,but not the latter itself.According to the different ways of utiliziation,the public resources can be divided into general public resources and public resources of sole possession.The general public resources refers to commmon roads,greens,gardens,city spuares,road lamps,etc,which can be utilized in the free, equil and uncharged way while not exclusively. Public resources of sole possession refer to the special public resources which can be exclusively utilized through special permission.It derives from differentiation and variation of some public resources in the process of orientation to market and privatization.The essence is property full of special interest charactered by utilization,scarcity and speciality in objectiveness,defination and independence. Such characters are adapted with the conditions on exclusively and governess in objects of property law.The public resources of sole possession extend into three kinds resources:rodio scope,communication and municipal networks.Radio scope includes telecommunication radio,broadast radio and frenquency channel;Communication highway,railway,traffic line,outer traffic line,airline,taxi ration;municipal networks water,gas,heat networks and wire television,tele communication,computer networks.The second chapter'The demonstration of Use in utilization of public resources of sole possession of sole possession "focuses on the necessarilities and probablities.In our country's systems of administrative laws,there are many defaults which include mistake aimsof legislation,the defects of legislation,the lackness of legislation contents.The traditional pattern under the administrative ways is being replaced by the new pattern for its defects about inefficiency,unjustness and abusful public power.However,the new pattern is matched with the constructure of the use,however it is governed by the Right of Government Franchise which was frustrated by the obscure object,nature and crisis of legal.The orientation of use on the relation of making use of public resources can match and solve such defects of government franchise.The theorical evidences of necessiarility of use exist in the accordance with the characters of use.The nature of the right of utilization of public resources acords with the features of property rights.The structures of subjects accord with the property rights.The contents accords with the contents of property rights.The reality evidences of necessarility of use exist in the real effects of use prior to the government franchise including the economic political and social meanings.The third chapter "Institution of use in public resources of sole possession"focuses on how to construct the system of establishment,contents,transfer,protection and extermination.The establishment of use is based on he administrative licences which should typically be generalized into the civil act or contract not administrative act which can solve some defects of traditional administrative pattern.The special permission contract has double functions of transferring into civil contract articles of original administrative ways and abstract commmon interests. The special permission contract is premise of the establishment of use proved by registeration.In order to protect common interests,the special prrmission contract should prefer to the way of bidding,while the auction shoud be Exclusively in the scope of modified ways.The contents of useare different from those of traditional use because these include some administrative factors and common interests.This pattern derivedd from the theory of socialization of ownership.The contents are consisted of some rights of poession utilization,universal service,continual service,maintain and return,obedience.The supervise rights of government are essentially divided into two kinds,the first is transferred into special permission contract articles for its micro contents,the second is maintained with macro terms by another independent office. It is said that there are some priveleges of government which should be replacde by civil rights. These rjghts of ownerships could embody the protection of its interests which are meeted not itself but public interests.On construction of use by sole and exclusive possession,the function of ownership of public resources could be influenced by the new right.Therefore the different interests should be handled well.It is very the speciality of use of public resources of sole possession. For example, the chance of choosing another user or making new public resources could be proteced by the perioed of use. The public interests could be protectde by the supervising right of government.The transfer of use should have probablities because it could not interfere with the common interests..There are some rules regulating transfer of the lowest period of run,the lowest investment,price,forbidden lightening obligation and whole.The injury on the use is mainly expressed by illegal utilization of individual act and abusal allocating or annihilating licences of administrative power.In the protection of the use,the act of self-protection should be Exclusively and the focus should be iaid on the illegal utilization.The opposite of the request of excluding harm is deternmined by the different situations:the explicit or the government.