The Research On The Legal Protection Of Our Citizens' Private Property Under The Principle Of The Service-oriented Administration

In recent years, with the development of society and the rise of service administration theory research, service administration under the principle of the citizens of private property rights legislation, enforcement and judicial protection problems universal attention. Citizens of legal protection of private property right has constantly expand scope is the trend of will, many countries have such as social welfare and social assistance and social security and some other the government supplies into the category of citizen private property rights protection, and claims it with traditional property rights legal protection to treat as equally. Administrative service concept of research shows that, in the public domain, citizen private property rights should not only be fully safeguard -- from improper infringe upon the public power, and appropriately handle it and public interest relationship, when it is an unlawful infringement entitled to due compensation when; And the government should also appropriate administrative, make property fair assignment and ensure national minimum standard of living, enjoy narrow the gap between rich and poor, to maintain social harmony and stability, which will protect expanded to benefit-granting sex administrative behavior field. Service administration and the citizens of legal protection of private property right is mutually supplement each other, promote each other, and touch, both is closely aligned with the entity.In China, since 2005 March 5, premier wen jiabao on tenth National People's Congress three session of the government work report with a complete part of the paper is service-oriented government construction goal request, service administration idea rise when general attention and gradually can be established. The establishment of service administration idea, to our country citizen private-property rights of citizens, and comprehensive protection of private property rights protection in China, will also proposed service-oriented government building a great push forward.However, our country's legal system construction of citizen private property rights protection in respect, still lack of service administration idea guidance, the existing defects mainly displays in the following aspects: to citizen private property rights protection law system is incomplete, low rates, some of the legal norm.the type is scattered in administrative regulations or local regulations; Legal protection too narrow, still limited scope of non-invasive property rights act and regulations is too onefold, not like the government supplies of "benefit sex property rights" into the scope of legal protection; The private property rights infringement of citizens lack of overall effective relief way, still limited to invade the PE sex specific administrative act of some relief, because of the administrative behavior produce sexual benefit-granting rivalries and damage, remains legal blank. And produce the causes of the problems mainly has: legal safeguard mechanism, make private-property rights hysteresis of legal protection, and too narrow range in our country at present practical needs are not consistent; Traditional culture on private property and pursuit of legitimacy, led to ignore citizens and conception of rule of privacy culture the weak; The subject of public power, service administration idea makes a large number of lack of administrative personnel ranking of consciousness and the concept of privilege further strengthening, weakening its public service function; The public interests of the uncertainty and the expansion of executive power abuse, caused to the legitimate rights and interests of the citizens, serious violation willfully influence social harmony and stability. So, to fundamentally the private property right of citizens comprehensive effectively protect, still need to start from the following several aspects: firstly, to create a good social environment. Specific include: cultivating citizens' private property rights protection consciousness, strengthen the subject of public power, correctly deal with service administration idea of private property administration and relations; Secondly, perfecting private property rights protection legislation. Mainly from the protection of private property right ascension citizens, widen the citizens legislation status of legal protection of private property right, define the scope of public interests and accelerating the legal limits administrative procedure legislation process this several aspects; Again, strengthen the basic principle of administrative law in private property rights protection of the applicable. Do strictly abide by the principle of administrative law reserves, moderate legitimacy principle, adhere to the proportion principle and implement trust protection principle; Finally, through expanding the scope of accepting cases of administrative litigation, formulate the administrative compensation law and perfect social security law, perfect the citizen private property rights protection relief mechanism, practically have to citizen private-property rights comprehensive, effective protection.