The Legal Thinking About Non-operating Public Facilities Management

This concept of non-operating public facilities to us,is both familiar and unfamiliar, which are widespread in our social life, and our lives are closely related. Non-operating public facilities is a very special category of public goods, carrying it on a more public interest and public welfare purposes. China's current non-operating public facilities theoretical research is still relatively backward: on the one hand, non-operating public facilities is still a brand new concept, its special status and the nature of their management has yet to be legislation to clearly define the way; On the other hand because of its ambiguous nature of knowledge, resulting in many of the existing public facilities on a purely commercial operation in the increasingly deviated from its path of building the original intention. This is not only harmful to the non-operating public facilities and services function, but will grow within the administrative monopoly industries, thus affecting the health of the entire socio-economic development, thus it is necessary to be fully studied this phenomenon and take effective measures to truly embody To the non-profit facilities such characteristics.The paper is divided into five parts:The first part is Introduction, on the origins and research topics and the significance of the status quo at home and abroad related to research and state-owned assets, management of state assets and state-owned non-operating assets, urban public facilities and non-operating public facilities such as the concept of Differentiate and define, explicitly pointed out that this so-called non-operating public facilities, the Government refers to the need for reasons of public interest, direct investment or to invest in the construction of various financing channels, in person or entrusted management of private law related to the management and operation of the main, The non-profit directly for the public's continued use of a class of tangible public goods.The second part of the non-operating public facilities management relations between the legal nature of the analysis. The author believes that the non-operating public facilities management, managers of both a right and an obligation, not only embodies and reflects the management of the service. From a different perspective, the non-operating public understanding of the nature of facilities management may be different. From the administration to consider is the relationship between the executive, a public law, which commissioned from the point of view is that civil relations, and a private law. The non-operating public facilities management should follow the non-profit purposes.The third part of the non-operating public facilities management legislation value orientation. The state-owned asset management objectives, I believe that non-operating public facilities management of the highest value targets should be fully utilized, that is, the people fully rational and efficient use of non-operating public facilities, non-operating public facilities management of the highest goal. As for the maintenance of its security integrity and the management of public facilities is the minimum requirement and the minimum goal.The fourth part of the non-operating public facilities and the management of the main functions of research, to identify non-operating public facilities management of the main principles: the central and local management at different levels and management; major foreign countries on the relevant legislation and practice And management of China's status of the assessment, put forward its own reform proposals. Finally, the non-operating public facilities management of the main rights and obligations of a specific analysis.Part V of the non-operating public facilities management liability study. Non-operating public facilities management involved in civil, administrative, three different types of criminal responsibility. Managers because of poor management led to non-operating public facilities damaged the managers should be held to civil liability, and curb damage to non-operating public facilities act. The non-operating public facilities damaged by people who should be based on the use of non-operating public facilities dependent on the extent and decided to relief, the State Compensation can be applied.