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The Research Of The Separation Of Powers Of State Property Between The Central And Local

Posted on:2016-12-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:L K FengFull Text:PDF
GTID:1316330482958161Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since after our countey inherited the former Soviet union in the public sector of the national property theory, our country state-owned property is not only extremely extensive, and throughout all parts of the country, because of the state-owned property is unified by the central as a unified subject specific management also not reality, in order to arouse the enthusiasm of the local, there has always been the central and local state-owned property between the decentralized management, central and local have been sharing the interests of the state property, local to the direct control of the state-owned property in fact already in the reality of the ownership, but local direct control is still considered as state-owned property, conflicts of interest between the central and local will occur constantly, therefore, in the late draw lessons from the former Soviet union and Russia to adopt legislation to implement the central and local state-owned property respectively adopted by all and in the major countries where all ideas, on the basis of our country at all levels should give place to the direct management of the state-owned property right to ownership.However, the property of local ownership is partly state-owned property from the state changed to place, where all property is actually on state-owned property between central and local specific property is the result of the separation of powers, legislation should be determined between the central and local specific classification standards of national property,the scope of the property of local ownership will eventually determine. However, the different parts are formed by the national administrative divisions of local ownership, the influence of the local all levels tend to local level with the correspondence, the formation of local ownership is based on the administrative division system in different countries around, since China's current administrative divisions of the local level to level 3 or level 4 pattern, our country should be divided into local all levels at the provincial-level, prefecture-level city, county and township-level level, because of the reality of our country local level under change, where all property is bound to be faced at all levels between specific segmentation, specific segmentation criteria should be clear.Future legislation, of course, in the process of all the property of local regulations, should not only apply to local ownership of equality, the principle of benefit measure should also adopt "general + dispersed" legislative mode, namely the general provisions of the constitution, civil law at the same time, it should also be related special law regulation, especially to allow each place according to the actual situation and be explicitly stipulated the scope of the property of local ownership.
Keywords/Search Tags:The propertys of state ownership, The separation of powers of property between the central and local, The propertys of local ownership
PDF Full Text Request
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