The Legal Regulation Of The Official Property In China

As the indispensable material means, the official property is the important content of Administrative law that can not be ignored, however, for a long time, it always be neglected by Administrative law in china, only few scholars show some concern but not depth research. For a long time, the official property is been deemed the internal property of the government, not involved in external relations, which led to confusion in the regulatory. In the process of building the modern democratic constitutionalism, researching and regulating the regulatory of the official property is the imminent problem. By comparative studying the different ideas between foreign administrative law and Chinese administrative law, analyzing the problems in the regulatory of the official property in china, and with further studying the official vehicles, the purpose of this paper is to find the way to perfect our official property management system.Expecting the introduction and conclusion, this paper includes four parts, as follows:The first chapter introduces the official property and its theoretical foundation in foreign administrative law, on the basis of which researches the official property in Chinese administrative law. With the generation, use, and development of the official property, it introduces the official property in Roman law, French and German and Japan law, British and America law. After this, it discusses the theoretical foundation of the official property system. In china, there are no unified concept of the official property, by analyzing the different views about the official property in administrative law, it proposed the necessary elements that the official property should have. Further, it introduces the official property system in our administrative law system.The second chapter researches the legal basis of our official property system. In the premise of mixed development of public law and private law, it researches the legal basis of our official property system from the perspective of public law and private law.The third chapter inspects our existing official property by taking official vehicles for example. Our existing official property system has some problems, such as, the unknown ownership, various managers, and the privileged users. Specifically, the set of the official vehicles is non-standard, and mostly, it is for private use, and the use efficiency is low, and so on. Then, it does normative analysis about the existed problems of the official vehicles regulatory.The forth chapter takes the official vehicles for example to provide the development ways of our official property system. Building the official property regulatory system that should have clear power and responsibilities and have effective supervisory mechanism, need use the opportunity of constructing modern administrative body and building modern democratic constitutionalism, and need promote the effective reform measures.