The Construction Of The System Of Rule Of Law Of Compound Public Property In China

Through the ages,public property is a common phenomenon in every country and society.With the development of the modern country,the private life and public life are getting more and more integrated.Meanwhile,the status of public property has become increasingly prominent,especially for socialist China.However,the operation of public property in China is not in conformity with the requirements of the rule of law.For this problem,the academic research is not perfect.The basic theory remains to be constructed.In fact,"public property" is a concept that has not been clearly defined by the academic circle.Traditional theory usually defines "public property" or "use standard".By comparing,analyzing and discarding,this paper puts forward the "revised subject standard" to divide the relationship between it and private property.At the same time,analyzes the origin of public property from three levels: public trust theory,market failure theory and state economy theory.Further,in order to build a systematic rule of law,it is necessary to sort out the public property.From the point of view of legal research,this paper puts forward the "double standard" of "acquisition mode" and "ought to be used" to sort out all kinds of public property.Combined with the theory of "tax state",we can find out the complexity and evolution trend of public property system in our country.On this basis,the study of the rule of law of public property can be carried out.The Rule of Law of Public Property contains the connotation of multiple dimensions,namely the form of " rule of law ",emphasize the essence of emphasis on distributive justice and procedure for " dynamic negotiations ",the market requirement of " public and private place".In the aspect of public property acquisition,we should emphasize the principle of legality,the principle of balance of rights and powers and the principle of fair dealing.In the use of public property,we should emphasize "legal purpose","budget control" and "payment administration".Observing the practice of our country,it can be found that there are many legal deficiencies in the process of obtaining and using public property.In the acquisition of public property,the key to improve is to implement the tax legal principle,promote the balance of rights and powers by improving the procedural law,deepen the construction of market mechanisms to ensure fair trading.In the use of public property,the key to improve is to ensure the realization of public utility,comprehensively strengthen the budget control of public property,leading the reform of administrative law with the concept of payment administration.