Owned Property To Obtain The System A Number Of Issues

Acquisitive system of state-owned property is a general appellation of all kinds of methods which are used by the state to acquire and formate its property. There are three meanings to principle of legality about acquisitive system of state-owned property: principle of acquisitive style legality, principle of acquisitive procedure legality , principle of acquisitive limit legality. In acquisitive system of state-owned property, there is a balance problem between personal and state's benefit, and acquisitive system of state-owned property have two legislative spirits: protection of state-owned property and human rights. Public benefit collection Taxation and government charge are three styles of acquisitive system of state-owned property.Public benefit collection is an action which the state acquires private property with compulsory means and compensates the counterpart. The constitutive requirements of public benefit collection must be legal and its object includes property rights, movables and immovables. In legislation, the objective of public benefit collection should be limited in public interest and both of its administrative procedure and judicial remedy should be clarified at the same time. On the compensation, the property with the character of existence right should be compensated absolutely, and the others should be compensated adequately. Taxation is one of principle methods to formate the state-owned property. Both of central tax and local tax should be owned under unified state leadership but not hierarchy. Principle of tax legality is the supreme guidance on tax collection. Under the precondition of this supreme guidance, legislation power on taxation should be clarified between central government and local. Government charge is one of principle methods to formate the state-owned property, too. It can be divided into four kinds, this is, adjustmental charge, corrective charge, compensation charge and definitive charge. Considering their theoretical source, all of them is reasonable. But in the long ran, corrective charge should be transferred into the collection of environment tax on the authority of government charge, the institution of examination and approval and the institution of permission have been set up respectively in China. And its legal regulation should be improved by government charge law, administration legislation, state-owned asset law, budget law and so on.