The Construction Of The Conception Of Public Property In Chinese Law: The Necessity And The Possibility

Besides the preface and the summary, the article is divided into three parts as follows:The first chapter introduces the conception of public property in administrative law abroad. It thoroughly research into the theoretical foundation of the birth of the public property theory ,meanwhile, that do comparative analysis on the meanings of the public property in the main country of Continent Legal System , for example, France, Germany and Japan. And then it studies the common between them. The elements and the legal attributes of the public property concept are disclosed in this way. And by comparison, the author proves the necessity and the possibility of the establishment of public property system in China.The second chapter studies the necessity and the possibility to construct the conception of public property in China. Because there is no complete public property system, its incompleteness has restricted the validity of the public property law.At present three prominent problems exist in public property law practice: the alienation of the public purpose, the lack of the managerial responsibility of the public and the drain of the property owed by the state. But the Chinese system in operation is not lacking in the concrete system of public property, which involves the fundamental categories of public property, law characteristic, management and usage, function and so on.This chapter demonstrates the necessity and possibility of the establishment of the public property system from legal practice viewpoint.The third chapter constructs the public property concept in public law of China. The complete public property concept includes five aspects: the establishment of the public property purpose, the definition of the public property scope, the explicitness of the law characteristic of the public property, the standard of the public property management and the guarantee of the usage of the public property, the duty in public law of injury by public property.